Rivas v. State

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 proceeding pursuant to section 921.141, Florida Statutes (2008). For the following reasons, we grant Rivas’ petition for a writ of prohibition.

Rivas was indicted for first degree murder, sexual battery with physical force likely to cause serious personal injury, and burglary with battery. On November 20, 2002, Rivas entered a negotiated plea agreement for life in prison without parole instead of possibly receiving the death penalty.…