Jones v. State

Full title: DAVID P. JONES, Petitioner, v. STATE OF FLORIDA, Respondent

Court: District Court of Appeal of Florida, First District

Date published: May 4, 2001

783 So. 2d 1222 (Fla. Dist. Ct. App. 2001)

Opinion

No. 1D00-2906.

Opinion filed May 4, 2001.

Petition for Writ of Prohibition — Original Jurisdiction.

Donald B. Mairs and Aaron Metcalf of Bedell, Dittmar, DeVault, Pillans Coxe, Jacksonville, for petitioner.

Robert A. Butterworth, Attorney General, and Thomas H. Duffy, Assistant Attorney General, Tallahassee, for respondent.

PER CURIAM.

Petitioner seeks a writ of prohibition, however, the issues he raises would require an evidentiary proceeding before the trial court. As a result, this matter is not properly before us in a prohibition proceeding. Doyle v. State, 1D01-482 (Fla. 1st DCA March 19, 2001); McKinney v. Yawn, 625 So.2d 885 (Fla. 1st DCA 1993). We therefore deny the petition, but without prejudice to petitioner's right to raise the issues on direct appeal if he is convicted of the charges pending against him.

BOOTH, KAHN and BROWNING, JJ., Concur.