ROSELENE WILKINSON, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Batista v. State, 951 So. 2d 1008 (Fla. 4th DCA 2007)
  …versed and remanded for the court to grant Pena’s entry into the program, a trial may still yet be necessary if, for some reason, Pena opts out of the program and re-enters the regu [*1010] lar criminal justice system. See generally Mullin v. Jenne, 890 So. 2d 543 (Fla. 4th DCA 2005). There is no great expectation or guarantee that reversal would absolutely foreclose the possibility of a future trial on this specific charge. Here, it cannot be said that reversal would result in dismissal of the charges or re…
• Efrain PEÑA v. State, 913 So. 2d 1203 (Fla. 4th DCA 2005)
  …court reversed and remanded for the court to grant Peña’s entry into the program, a trial may still yet be necessary if, for some reason, Peña opts out of the program and re-enters the regular criminal justice system. See generally Mullin v. Jenne, 890 So. 2d 543 (Fla. 4th DCA 2005). There is no great expectation or guarantee that reversal would absolutely foreclose the possibility of a future trial on this specific charge. Further, the exception to the rule, based on mutual stipulation, is not appropriate…
• Walker v. Al Lamberti, 29 So. 3d 1172 (Fla. 4th DCA 2010)
  …ns this court for a writ of habeas corpus. He argues that participation in the PTI program is strictly voluntary, and he can opt out of the program at any time and require the charges to revert to normal channels of prosecution. See Mullin v. Jenne, 890 So. 2d 543 (Fla. 4th DCA 2005); Diaz v. State, 884 So. 2d 299 (Fla. 2d DCA 2004). In Mullin, this court found that language in the administrative order creating the Broward County PTI program made participation strictly voluntary. The administrative order cre…

Authorities Cited

• Westerheide v. State, 888 So. 2d 702 (Fla. 5th DCA 2004)
• Burgal v. State, 888 So. 2d 702 (Fla. 3d DCA 2004)
• Williams v. State, 888 So. 2d 755 (Fla. 3d DCA 2004)