Legal Opinion

Department of Corrections v. Ayala

District Court of Appeal of Florida

Decided December 18, 2015No. 5D15-3734Published

1Opinion of the CourtEvander, J.

The Department of Corrections (“DOC”) seeks certiorari review of a sentencing order that directs it to have the defendant below, Johnny Ayala, serve the initial part of his eight-year prison sentence at the “Avon Park Rehab Facility.” We grant the petition.

Certiorari jurisdiction extends to the review of a circuit court order that violates the separation • of powers doctrine. See Dep’t of Child. & Fams. v. K.R., 946 So.2d 106, 107 (Fla. 5th DCA 2007) (“Because we conclude that the order in question violates the separation of - powers doctrine, and thus departed from the essential requirements…

2Cases cited4 opinions

  1. Department of Corrections v. GrubbsDistrict Court of Appeal of Florida · 2004
  2. Singletary v. AcostaDistrict Court of Appeal of Florida · 1995
  3. Department of Children and Families v. KRDistrict Court of Appeal of Florida · 2007
  4. State, Department of Corrections v. MikleDistrict Court of Appeal of Florida · 2003

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