Summary
holding that the appellate court lacks appeal jurisdiction over orders of release but that the State may seek review by petition for certiorari
Summary of this case from In re Commitment of HeathOpinion
Case No. 4D02-2283.
Opinion filed May 28, 2003. Rehearing Denied July 10, 2003.
Appeal of a non-final order from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Richard I. Wennet, Judge; L.T. Case Nos. 88-14886CFA02, 88-16095CFA02, 89-2594CFA02, 89-3207CFA02, and 89-14764CFA02.
Charles J. Crist, Jr. Attorney General, Tallahassee, and Richard L. Polin, Assistant Attorney General, Miami, for appellants.
Carey Haughwout, Public Defender, and Ian Seldin, Assistant Public Defender, West Palm Beach, for appellee.
The State appeals a trial court order, which granted the defendant's motion to enforce the plea agreement and ordered the release of the defendant from the "care, custody and control of Florida Department of Children and Families." The defendant had been held pursuant to a probable cause finding under the Jimmy Ryce Act. We treat this appeal as a petition for writ of certiorari. Satz v. Runion, 838 So.2d 689 (Fla. 4th DCA 2003); State v. Stapleton, 764 So.2d 886 (Fla. 4th DCA 2000); State v. Pettis, 520 So.2d 250 (Fla. 1988).
For the reasons set forth in Runion, we grant the petition and quash the trial court's order. See also Murray v. Regier, 27 Fla. L. Weekly S1008 (Fla. Dec. 5, 2002); Krischer v. Faris, 838 So.2d 600 (Fla. 4th DCA 2003).
We note the trial court did not have the benefit of Murray, Faris, and Runion when it ruled on the defendant's motion.
STONE, STEVENSON and MAY, JJ., concur.