Florida District Courts of Appeal, 2013

State v. Reid

State v. Reid
Florida District Courts of Appeal · Decided July 3, 2013 · Berger, Evander, Sawaya
125 So. 3d 1023; 2013 WL 3357474 (Southern Reporter, Third Series)

State v. Reid

Opinion of the Court

PER CURIAM.

The Petition for Writ of Prohibition is denied. A writ of prohibition is meant to be very narrow in scope and should be employed with great caution. English v. McCrary, 348 So.2d 293, 296 (Fla. 1977). Prohibition may only be granted when it is shown that a lower court is without jurisdiction or attempting to act in excess of jurisdiction. Id.

PETITION DENIED.

SAWAYA and BERGER, JJ., concur. EVANDER, J., concurs, with opinion.

Concurring Opinion

EVANDER, J.,

concurring.

Athough I believe that the State has a meritorious argument on the underlying substantive issue, I agree that a writ of prohibition does not lie in the instant case. Furthermore, the alleged prospective error of the trial court can be remedied on plenary appeal. See Cox v. State, 412 So.2d 354 (Fla. 1982) (reversal of judgment and sentence appropriate where trial court, over objection of State, accepted plea to lesser offense; jeopardy did not attach).

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