IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
OF THE STATE OF
v. Appeal No. CRC 05-30 APANO
ORDER DISMISSING APPEAL
THIS MATTER is before the Court on Troy Jester’s appeal from a decision of the Pinellas County Court. The appellant is attempting to appeal the trial court’s Order Conditionally Granting State of Florida’s Motion in Limine to Include Testimony Regarding “Battered Spouse Syndrome.” The defendant entered a no contest to the battery charge, specifically reserving his right to appeal the trial court’s ruling on the motion in limine. Originally, the appellant attempted to have the Second DCA review the matter as an issue of great public importance; that court, however, declined to accept jurisdiction and forwarded the matter to this Court. After reviewing the record and briefs, this Court has come to the conclusion that it does not have jurisdiction to review the matter.
The order to be reviewed is a non-dispositive, pre-trial ruling. The matter was not declared dispositive by the trial court. Indeed, it is not dispositive. The State can clearly prosecute the defendant
regardless of the ruling on the evidentiary issue. Therefore, pursuant to Sloss v. State, 917 So.2d 941 (
THEREFORE IT IS ORDERED that the above-styled appeal is dismissed.
AND ORDERED in Chambers at
J. Thomas McGrady
R. Timothy Peters
John A. Schaefer
cc: State Attorney
Charles Monty, Esq.