LaFave v. State
Annotate this CasePursuant to a plea agreement, Defendant pleaded guilty to two counts of lewd or lascivious battery. The circuit court sentenced Defendant to community control to be followed by seven years of sex offender probation. As an express condition of her plea agreement, Defendant agreed not to seek early termination of probation. Six years into her ten-year nonprison sentence, Defendant sought and was granted early termination of her probation. The State filed a petition for common law writ of certiorari. The Second District Court of Appeal granted the writ, acknowledging that the State had no statutory right of appeal in this case but that the State could seek certiorari review of the order terminating probation because the circuit court departed from the essential requirements of the law by violating the plea agreement, which called for no early termination. The Supreme Court quashed the decision of the Second District, holding that the State did not have the right to petition the district court for certiorari review because the court lacked jurisdiction to review the circuit court’s order terminating Defendant’s probation.
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