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STATE v. RODRIGUEZ

No. 97-02967.

712 So.2d 454 (1998)

STATE of Florida, Appellant, v. Vincente RODRIGUEZ, Appellee.

District Court of Appeal of Florida, Second District.

June 17, 1998.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Scott A. Browne, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and Timothy J. Ferreri, Assistant Public Defender, Bartow, for Appellee.

PER CURIAM.

We treat the State's appeal as a petition for writ of certiorari. See State v. Isaac, 696 So.2d 813 (Fla. 2d DCA 1997). Because we conclude that the trial court's order is not a departure from the essential requirements of law resulting in a miscarriage of justice, we deny the petition.

Petition for writ of certiorari denied.

PARKER, C.J., and BLUE and NORTHCUTT...

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