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697 So. 2d 1319

State v. Bailey

District Court of Appeal of Florida

Decided August 22, 1997

District Court of Appeal of Florida · decided 1997-08-22

Decided 1997-08-22

DAUKSCH, Judge.

¶1This is before the court by way of a petition for a writ of certiorari.

¶2Petitioner has filed this petition and a cross-appeal in a plenary appeal filed by appellee from the criminal case below. This petition is thus duplicative of the cross-appeal and unnecessary, assuming there was a “departure from the essential requirements *1320of law,” which we do not assume here. If petitioner is entitled to appellate relief, then that remedy is available in its appeal.

¶3WRIT DENIED.

COBB and HARRIS, JJ., concur.
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