THE HONORABLE JOHN ADAMS, ORANGE COUNTY JUDGE, PETITIONER,
v.
STATE OF FLORIDA, EX REL., ROBERT EAGAN, STATE ATTORNEY, NINTH JUDICIAL CIRCUIT, RESPONDENT
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DAUKSCH, Judge.
This matter is before us upon a petition for writ of certiorari to have us quash a writ of prohibition. The writ of prohibition was issued by the circuit court and directed to a county judge. While we do not at this juncture decide whether the writ of prohibition was the proper vehicle to have been used below, we do determine certiorari is the improper remedy here. Appeal is the correct procedure. See Chapman v. State, 152 Fla. 183, 11 So. 2d 335 (1943); Harrison v. Murphy, 132 Fla. 579, 181 So. 386 (1938). See also Cobb v. State, 148 Fla. 149, 3 So. 2d 855 (1941); State v. Knight, 138 Fla. 374, 189 So. 425 (1939); Pettie v. Kronberg, 300 So. 2d 44 (Fla. 4th DCA 1974). But under authority of Florida Rule of Appellate Procedure 9.040(c) and Ingham v. Kaney, 456 So. 2d 592 (Fla. 5th DCA 1984), we accept jurisdiction under our appellate review authority, rather than our extraordinary writ powers. Therefore the petition for writ of certiorari is hereby deemed a notice of appeal and the parties are directed to proceed under the appropriate rules of appellate procedure. Attention should first be directed to the question as to whether prohibition was the correct remedy in the circuit court.
It is so ordered.
UPCHURCH and COWART, JJ., concur.
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Guzzetta v. Hon. Pope Hamrick, Jr., 656 So. 2d 1327 (Fla. 5th DCA 1995)…COBB, Judge. An order of the circuit court ruling on a petition for writ of prohibition is a final appealable order in an original proceeding, and is not reviewable by certiorari. See Adams v. State ex rel. Eagan, 478 So. 2d 1190 (Fla. 5th DCA 1985). Therefore, in accordance with Florida Rule of Appellate Procedure 9.040(c), the petition for writ of certiora-ri to review the circuit court’s order dismissing a petition for writ of prohibition is treated as a notice of appeal…
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Whitehead v. State, 583 So. 2d 418 (Fla. 5th DCA 1991)…five years before becoming eligible for parole. Therefore, the split sentence imposed in this case of life imprisonment followed by life probation exceeds the statutory maximum for a capital felony not involving the death penalty. See Dirk v. State, 478 So. 2d 1190 (Fla. 5th DCA 1985) (where imprisonment for life is the statutory maximum punishment, defendant’s sentence of life imprisonment followed by twenty years probation exceeds the statutory maximum). The probation term is stricken from the sentence whi…
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Mallon v. State, 626 So. 2d 1125 (Fla. 5th DCA 1993)…tence of life imprisonment with a minimum mandatory 25 years followed by 20 years’ probation. The State correctly concedes the probationary portion of Mallon’s sentence is error. Whitehead v. State, 583 So. 2d 418 (Fla. 5th DCA 1991); Dirk v. State, 478 So. 2d 1190 (Fla. 5th DCA 1985). Accordingly, Mallon’s sentence is corrected to delete the 20 year term of probation. Conviction AFFIRMED, Sentence as amended AFFIRMED. DAUKSCH, GOSHORN and PETERSON, JJ., concur.…
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- Harrison v. Murphy, 132 Fla. 579 (Fla. 1938)
- Hon. Otis M. Cobb v. State, 148 Fla. 149 (Fla. 1941)
- The Honorable B. Paul Pettie as Cnty. Court Judge v. Kronberg, 300 So. 2d 44 (Fla. 4th DCA 1974)
- State v. Letty S. Knight, 138 Fla. 374 (Fla. 1939)
- Forest Chapman v. State of Fla. Ex rel. T. N. Carlton, 152 Fla. 183 (Fla. 1943)
- Thomas v. State, 456 So. 2d 592 (Fla. 4th DCA 1984)