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Judge Finds Man Innocent Because of Flub

April 20, 1990

MIAMI (AP) _ A man on trial for resisting arrest was freed Thursday after a judge agreed that he wasn’t actually charged with anything because the wrong name was listed on the official papers.

Anthony Martinez’s lawyer, Peter Collins, waited for prosecutors to rest their case before telling Dade County Judge Morton Perry about the error.

Over the protests of the state attorney’s office, Perry on Wednesday found Martinez innocent.

″We don’t feel a case should be decided on a typographical error,″ complained Chief Assistant State Attorney John Hogan.

Prosecutors said they would try to file new charges against Martinez, a jail guard from Miami.

But Collins said there were no grounds for such action, because the case ended in an acquittal, not the dismissal of charges.

″They can’t appeal a not-guilty verdict,″ said Collins. ″The case is history.″

Martinez was arrested after allegedly threatening his girlfriend with a gun. But the paperwork in the case mistakenly listed two different names as the accused - neither of which was Anthony Martinez.

The two assistant prosecutors on the case, Lisa Kreeger and Tammera J. Ferrari, failed to notice the mistake.

When Collins pointed it out, the judge gave the prosecutors 10 days to come up with a reason why he shouldn’t throw out the case.

The prosecutors tried to argue that since Martinez was not named, the trial never happened. But the judge rejected that reasoning.

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