State v. Bailey

District Court of Appeal of Florida

State v. Bailey

697 So. 2d 1319, 1997 Fla. App. LEXIS 9668, 1997 WL 484679

District Court of Appeal of Florida·Decided August 22, 1997·No. No. 97-1968·Published

Opinion

DAUKSCH, Judge.

This is before the court by way of a petition for a writ of certiorari.

Petitioner has filed this petition and a cross-appeal in a plenary appeal filed by appellee from the criminal case below. This petition is thus duplicative of the cross-appeal and unnecessary, assuming there was a “departure from the essential requirements [1320]*1320of law,” which we do not assume here. If petitioner is entitled to appellate relief, then that remedy is available in its appeal.

WRIT DENIED.

COBB and HARRIS, JJ., concur.

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DAUKSCH, Judge.

This is before the court by way of a petition for a writ of certiorari.

Petitioner has filed this petition and a cross-appeal in a plenary appeal filed by appellee from the criminal case below. This petition is thus duplicative of the cross-appeal and unnecessary, assuming there was a “departure from the essential requirements [1320]*1320of law,” which we do not assume here. If petitioner is entitled to appellate relief, then that remedy is available in its appeal.

WRIT DENIED.

COBB and HARRIS, JJ., concur.

State v. Bailey, 697 So. 2d 1319, 1997 Fla. App. LEXIS 9668, 1997 WL 484679 (Fla. Ct. App. 1997).

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