Florida/Georgia Personal Injury & Workers Compensation

...qualified was erroneous, *327 and is hereby reversed and the cause is remanded to the Circuit Court of the Eleventh Judicial Circuit, in and for Dade County, which shall permit the defendant to be tried on the reinstated indictment, pursuant to F.S. § 924.37(1), F.S.A....

...The accused has a right to a hearing and to be represented by counsel. State v. Hicks, 478 So.2d 22 (Fla. 1985). An affidavit charging such criminal offense is a charging document equivalent to an indictment or information. This view of the legislative intent is supported by reference to section 924.37, Florida Statute (1983), which expressly contemplates appeals by the state from orders dismissing not only indictments and informations but also affidavits....

...Since we reverse and remand for a new trial, we find it unnecessary to address the issue raised on cross-appeal by the state. AFFIRMED in part, REVERSED in part, and REMANDED for a new trial. WIGGINTON, MINER and WOLF, JJ., concur. ON MOTION FOR REHEARING PER CURIAM. We find that section 924.37(2), Florida Statutes (1989), is inapplicable to the case at issue....

...In so ruling, however, we do not alter the validity of appellant’s conviction. The jury found the appellant guilty, as noted above, in spite of the instruction which was unnecessarily burdensome to the state. Our discussion of the cross-appeal is authorized by section 924.37(2), Florida Statutes, F.S....

...arrest for Volusia County Officials on that account — at least until after conviction. [4] It is clear that petitioner will be returned to Volusia County for trial based on the indictment unless the Florida Supreme Court reverses itself. Fla.Stat. § 924.37(1) F.S.A., (1971) provides that "[w]hen the state appeals from an order dismissing an indictment (and the order is reversed), the appellate court shall direct the trial court to permit the defendant to be tried on the reinstated indictment ....