IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
STATE OF FLORIDA,
Petitioner,
v. Case No. 5D17-2077
ADRIAN CUMMINS,
Respondent.
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Opinion filed September 7, 2017
Petition for Certiorari Review of Order
from the Circuit Court for Orange County,
John Marshall Kest, Judge.
Aramis D. Ayala, State Attorney, Orlando,
and Cherish Renee Adams, Assistant State
Attorney, Orlando, for Petitioner.
Robert Wesley, Public Defender, and Sarah
Moore, Assistant Public Defender, Orlando,
for Respondent.
PER CURIAM.
The State of Florida petitions for writ of certiorari to review the trial court’s discovery
order requiring it to disclose to the defense which, out of a number of recorded jail calls
between Adrian Cummins (Respondent) and others, would be introduced at trial.
Although we conclude the trial court’s order departs from the essential requirements of
the law, see State v. Williams, 678 So. 2d 1356,1358 (Fla. 3d DCA 1996) (holding that
State did not have to tell defendants which documents, out of 285 boxes of documents, it
intended on using at trial because to do so would violate work-product doctrine), the State
has failed to show irreparable harm. See State v. Milbry, 219 So. 3d 160, 161 (Fla. 5th
DCA 2017) (explaining irreparable harm is jurisdictional and must be found before court
may consider whether departure from the essential requirements of the law occurred).
Specifically, the State has failed to show that its ability to prosecute Respondent would
be significantly impaired by the trial court’s ruling. The trial court indicated that additional
calls could be admissible upon a showing of good cause by the State, and the State has
not argued that it would be unable to show good cause. Accordingly, we dismiss the
petition.
DISMISSED.
PALMER, EVANDER and BERGER, JJ., concur.
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