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STATE v. STAPLETON

No. 4D99-1851.

764 So.2d 886 (2000)

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

District Court of Appeal of Florida, Fourth District.

August 9, 2000.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Sarah B. Mayer, Assistant Attorney General, West Palm Beach, for appellant.

Donnie Murrell, West Palm Beach, for appellee.

James T. Miller, Jacksonville, for Amicus Curiae-Florida Association of Criminal Defense Lawyers.

PER CURIAM.

The state appeals an order granting Robert Stapleton's motion to vacate his 1999 plea to lewd assault. We treat this appeal as a petition for writ of certiorari, and deny relief. See, e.g., State v. Pettis, 520 So.2d 250 (Fla.1988).

On January 4, 1999, Stapleton pled guilty to one count of lewd assault. Pursuant to the terms of the negotiated plea, Stapleton was sentenced to four years in prison. Within...

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