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STATE v. CAIVANO

No. 74-274.

304 So.2d 139 (1974)

STATE of Florida, Appellant, v. Robert CAIVANO, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied December 13, 1974.

Attorney(s) appearing for the Case

Joseph P. D'Alessandro, State's Atty., and Louis S. St. Laurent and Xavier J. Fernandez, Asst. State's Attys., Fort Myers, for appellant.

Archie Odom, Punta Gorda, and Varon, Stahl & Kay, Hollywood, for appellee.

HOBSON, Judge.

The State attempts to appeal from an order withholding sentence and placing appellee Caivano on probation. No provision has been made for appeal by the State from an order granting probation. See Rule 6.3 FAR; §§ 924.07 and 924.071 F.S.; State v. Williams, Fla.App.2d 1970, 237 So.2d 69. However, this court may treat the appeal as a petition for a writ of common law certiorari if the court departed from the...

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