Pruitt v. State

I respectfully dissent. I would deny cer-tiorari because the trial court properly exercised its discretion in sentencing the defendant to ninety days incarceration. Absent a departure from the essential requirements of law, there are no grounds, other than second guessing a trial court, to grant certiorari.

Certiorari is an extraordinary remedy and a petition should only be granted where there is a clear violation of an established principle of law resulting in a miscarriage of justice. Combs v. State, 436 So.2d 93 (Fla.1983). See Conahan v. Department of Highway Safety and Motor Vehicles,…