ALTENBERND, Judge.
The State of Florida seeks a writ of common law certiorari or a writ of prohibition to compel the trial court in this capital case to conduct a penalty phase proceeding at which evidence is presented to an advisory jury. Although we withhold the formal issuance of a writ, we find that the trial court departed from the essential requirements of the law when it discharged the jury between the guilt phase and the penalty phase without the state's consent...
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