STATE EX REL. ALBANO v. NELSON

No. LL-295.

363 So.2d 1165 (1978)

STATE of Florida ex rel. Robert L. ALBANO, Petitioner, v. Honorable James T. NELSON, As Circuit Judge, Seventh Judicial Circuit, State of Florida, Respondent.

District Court of Appeal of Florida, First District.

November 6, 1978.


Attorney(s) appearing for the Case

John W. Tanner, Daytona Beach, for petitioner.

No appearance for respondent.

Robert L. Shevin, Atty. Gen. and Miguel A. Olivella, Jr., Asst. Atty. Gen., Tallahassee, for State of Florida, real party respondent in interest.


SMITH, Acting Chief Judge.

Albano's petition for writ of prohibition contests the trial court's power to proceed in this criminal prosecution otherwise than by pronouncing judgment and sentence upon Albano's plea of nolo contendere, tendered on condition that suppression issues be preserved for appeal. The trial court accepted the tendered plea, so conditioned, but later rejected the plea after inspecting the presentence investigation report, and undertook to require...

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