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696 So. 2d 848

Docket No. 96-02635.

State v. Dennis

STATE of Florida, Appellant, v. Reginald DENNIS, Appellee.

District Court of Appeal of Florida

Decided April 2, 1997.

Rehearing Denied April 21, 1997.

District Court of Appeal of Florida · decided 1997-04-02

Relies on 436 So. 2d 93 - Combs v. State · 520 So. 2d 250 - State v. Pettis · 634 So. 2d 618 - Florida Dept. of Revenue v. Herre

Decided 1997-04-02

¶1Robert A. Butterworth, Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellant.

¶2Nick J. Sinardi, Tampa, for Appellee.

¶3PER CURIAM.

¶4The State of Florida appeals the trial court's order excluding in part alleged similar fact evidence. We treat the state's notice of appeal as a petition for writ of certiorari. See State v. Jenkins, 624 So.2d 354 (Fla. 2d DCA 1993), review denied, 634 So.2d 624 (Fla.1994). We conclude that the state has failed to demonstrate that "`there has been a violation of a clearly established principle of law resulting in a miscarriage of justice.'" State v. Pettis, 520 So.2d 250, 254 (Fla.1988) (quoting Combs v. State, 436 So.2d 93, 96 (Fla.1983)). Accordingly, we deny the petition.

¶5Petition for writ of certiorari denied.

¶6PARKER, A.C.J., and PATTERSON and LAZZARA, JJ., concur.

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