STATE v. LaFAVE

No. 2D11-5209.

113 So.3d 31 (2012)

STATE of Florida, Petitioner, v. Debra LaFAVE, Respondent.

District Court of Appeal of Florida, Second District.

Rehearing Denied October 9, 2012.


Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee; Robert J. Krauss , Chief Assistant Attorney General; and Cerese Crawford Taylor , Assistant Attorney General, Tampa, for Petitioner.

John M. Fitzgibbons and B. Kay Klein of The Law Offices of John M. Fitzgibbons, Tampa, for Respondent.


MORRIS, Judge.

In this proceeding, the State seeks certiorari review of the circuit court's order granting Debra LaFave's motion for early termination of probation which was entered in direct violation of the negotiated plea agreement she entered into with the State for a downward departure, nonprison sentence. Although the State has no statutory right of appeal in this instance, we hold that we have jurisdiction to review its petition for common law writ of certiorari...

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