BARRY KRISCHER, STATE ATTORNEY AND THE STATE OF FLORIDA, APPELLANTS,
v.
MICHAEL FORD, APPELLEE

Fla. 4th DCA | 2003-05-28
No. 4D02-2283
STONE, STEVENSON and MAY, JJ., concur.
847 So. 2d 1050 Florida District Court of Appeal, Fourth District (2003) Positive Treatment
Cited by 6 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

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, — So. 2d -, 2002 WL 31728885 (Fla. Dec. 5, 2002); Krischer v. Faris, 838 So. 2d 600 (Fla. 4th DCA 2003).1

STONE, STEVENSON and MAY, JJ., concur. . We note the trial court did not have the benefit of Murray, Faris, and Runion when it ruled on the defendant's motion.


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Citator

Cited By

  • State v. Harris, 881 So. 2d 1079 (Fla. 2004)
    …la. 4th DCA 2003); State v. McFarland, 28 Fla. L. Weekly D2298, — So. 2d -—, 2003 WL 22259634 (Fla. 1st DCA Oct.3, 2003); State v. Klein, 851 So. 2d 274 (Fla. 5th DCA 2003); Marsh v. State, 849 So. 2d 1178, 1181 (Fla. 3d DCA 2003); Krischer v. Ford, 847 So. 2d 1050, 1051 (Fla. 4th DCA 2003); Sublett v. State, 842 So. 2d 314, 315 (Fla. 5th DCA 2003); Sandillo v. State, 842 So. 2d 1018, 1019 (Fla. 5th DCA 2003); Satz v. Runion, 838 So. 2d 689, 689-90 (Fla. 4th DCA 2003); Krischer v. Faris, 838 So. 2d 600, 602-03…
  • …court’s order releasing Jose Ortega from pretrial detention under sections 916.31-49, Florida Statutes (Supp.1998),1 popularly known as the Jimmy Ryce Act. We treat this appeal as a petition for a writ of common law certiorari, see Krischer v. Ford, 847 So. 2d 1050, 1051 (Fla. 4th DCA 2003), and grant the petition. In January 1984, Ortega was convicted of sexual battery. See § 794.011, Fla. Stat. (1983). He was imprisoned and later released on probation. During his probation, he was charged and convicted of t…
  • …nd quash the circuit court’s order releasing Mr. Heath. STRINGER, J., and DANAHY, PAUL W., Senior Judge, Concur. . The State originally filed a nonfinal appeal, which this court converted to a petition for writ of certiorari. See Krischer v. Ford, 847 So. 2d 1050, 1051 (Fla. 4th DCA 2003) (holding that the appellate court lacks appeal jurisdiction over orders of release but that the State may seek review by petition for certiorari). . §§ 394.910-931, Fla. Stat. (1999) (titled "Involuntary Civil Commitment o…

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