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Javier Rivas, Petitioner, v. The State of Florida, Respondent. No. 3D09-2545 No. 00-21051

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Javier Rivas, Petitioner, v. The State of Florida, Respondent. No. 3D09-2545 No. 00-21051Third District Court Of Appeal July Term, A.D. 2010 Opinion filed September 1, 2010. Joseph P. George, Jr., Criminal Conflict and Civil Regional Counsel, and Dan Hallenberg, for petitioner. Bill McCollum, Attorney General, and Timothy R.M. Thomas, Assistant Attorney General, for respondent. A Case of Original Jurisdiction-Prohibition. Before RAMIREZ, C.J., and LAGOA and SALTER, JJ. RAMIREZ, C.J. Javier Rivas seeks the issuance of a writ of prohibition to prevent the trial court from vacating Rivas’ life sentence and from conducting a penalty phase Page 2 proceeding pursuant to section 921.141, Florida Statutes (2008). For the following reasons, we grant Rivas’ petition for a writ of prohibition...continue to full post

Full post as published by Florida Criminal Law Opinions on September 01, 2010 (boomark / email).