Frazier v. State

Full title: David Frazier, Petitioner, v. State of Florida, Respondent.

Court: Florida Court of Appeals, First District

Date published: Jun 5, 2024

No. 1D2024-1288 (Fla. Dist. Ct. App. Jun. 5, 2024)

Opinion

1D2024-1288

06-05-2024

David Frazier, Petitioner, v. State of Florida, Respondent.

Jessica J. Yeary, Public Defender, and Justin Karpf, Assistant Public Defender, Tallahassee, for Petitioner. Ashley Moody, Attorney General, Tallahassee, for Respondent.

PER CURIAM.

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

Petition for Writ of Prohibition-Original Jurisdiction.

Jessica J. Yeary, Public Defender, and Justin Karpf, Assistant Public Defender, Tallahassee, for Petitioner.

Ashley Moody, Attorney General, Tallahassee, for Respondent.

PER CURIAM.

DISMISSED. See 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."); Magbanua v. State, 281 So.3d 523, 527 n.1 (Fla. 1st DCA 2019) (denying petition for writ of certiorari for petitioner's failure to show that any material injury could not be remedied on appeal and noting that "nothing prevents the trial court from reconsidering its order" under Florida Rule of Criminal Procedure 3.192).

ROBERTS, ROWE, and LONG, JJ., concur.