## Facts

- William Lozano, a City of Miami police officer of Hispanic descent, shot Clement Lloyd, a Black motorcyclist who was trying to avoid a traffic stop after running a traffic signal.
- After Lozano fired, the motorcycle crashed; Allan Blanchard, the passenger (also a Black male), died from injuries sustained in the crash.
- Serious civil disturbances occurred in Dade County following the incident, and the case received extensive publicity.
- Lozano was tried in Dade County and convicted of two counts of manslaughter.
- On direct appeal, the Third District Court of Appeal reversed and ordered a new trial outside Dade County based on the combined effect of publicity and concerns that jurors would fear community violence if they acquitted.
- On remand, the retrial venue was moved away from Dade County; the case ultimately remained scheduled for trial in Tallahassee (Leon County) after related appellate proceedings.
- In Leon County, Lozano moved for a change of venue for the retrial; the State of Florida joined the motion.
- The Leon County circuit court denied the joint motion to change venue.
- The State petitioned for writ of certiorari seeking review of that nonfinal order.

## Issues

1. Whether the district court had certiorari jurisdiction to review a nonfinal order denying a change of venue under Florida Rule of Criminal Procedure 3.240(i).
2. Whether, given the prior venue-based reversal, extraordinary publicity, and community unrest surrounding the case, the trial court’s denial of the joint motion to change venue was a departure from the essential requirements of law causing irreparable harm.

## Decision

- The court accepted certiorari jurisdiction under Florida Rule of Criminal Procedure 3.240(i).
- The court granted the State’s petition for writ of certiorari.
- The court quashed the order denying the joint motion for change of venue and directed that venue be changed consistent with the opinion.

## Legal Principles

- A criminal defendant is entitled to trial in a venue where an impartial jury can be seated; when community hostility, intense publicity, or fear of violence threatens impartiality, a change of venue may be required.
- Certiorari relief is available only when a nonfinal order departs from the essential requirements of law and causes harm that cannot be remedied on appeal.
- As a general rule, the time, trouble, and expense of an unnecessary trial do not constitute irreparable harm for certiorari purposes; however, exceptional circumstances can justify pretrial intervention.
- Florida Rule of Criminal Procedure 3.240(i) authorizes appellate review by certiorari of certain venue rulings.
- When both the prosecution and the defense agree that a venue threatens the fairness of the proceedings, a trial court’s refusal to transfer venue warrants especially careful review in light of the fair-trial guarantee.

## Conclusion

The court granted certiorari and set aside the Leon County circuit court’s denial of the joint State-and-defense motion to change venue, holding that—given the prior appellate reversal tied to venue, the extraordinary publicity, and the surrounding community unrest—forcing the retrial to proceed in the challenged forum risked an unfair trial and justified immediate correction before trial.


State v. Lozano, 616 So. 2d 73 (Fla. 1993)