Virgo v. State
This text of 675 So. 2d 994 (Virgo v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
William VIRGO, Appellant,
v.
The STATE of Florida, Appellee.
District Court of Appeal of Florida, Third District.
Ana M. Jhones, Ft. Lauderdale, for appellant.
Robert A. Butterworth, Attorney General, and Roberta G. Mandel, Assistant Attorney General, for appellee.
Before SCHWARTZ, C.J., and NESBITT and FLETCHER, JJ.
PER CURIAM.
The defendant was charged by information on April 12, 1993 with carrying a concealed firearm. He was referred to pretrial intervention from which he was terminated at the state's election. As a consequence, he then entered a plea of nolo contendere for which he received withholding of adjudication, credit for time served, and forfeiture of the firearm. He is currently in deportation proceedings by the Immigration and Naturalization Service. On the assumption that he should have been either permitted to complete the pretrial intervention program or receive a meaningful hearing, he filed this petition for writ of error coram nobis which the trial judge dismissed. Since it is clear that a defendant may be subjected at the option of the state to pretrial intervention pursuant to section 948.08, Florida Statutes (1995), with one notable exception, the trial judge correctly observed that the state's discretion is entirely non-reviewable. State v. Turner, 636 So.2d 815 (Fla. 3d DCA 1994). Since this was the only matter before the trial judge, the order under review is affirmed.
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675 So. 2d 994, 1996 WL 313124, Counsel Stack Legal Research, https://law.counselstack.com/opinion/virgo-v-state-fladistctapp-1996.