Ted SMITH, Petitioner, v. STATE of Florida, Respondent
Florida District Court of Appeal
· May 22, 2015 · Docket No. 1D15-1719
165 So. 3d 781
Syllabus
Ted SMITH, Petitioner, v. STATE of Florida, Respondent. No. 1D15-1719. District Court of Appeal of Florida, First District. May 22, 2015. Rehearing Denied June 24, 2015. Ted Smith, pro se, Petitioner. Pamela Jo Bondi, Attorney General, Tallahassee, for Respondent.
Full Opinion (846 characters)
PER CURIAM. Petitioner seeks review of the Order Dismissing Defendant’s Letter and Affidavit for Modification of Conditional Release. To obtain certiorari review, a petitioner must demonstrate a departure from the essential requirements of law, resulting in an irreparable harm or harm that cannot be remedied on appeal. See West Florida Regional Medical Center, Inc. v. See, 18 So.3d 676 (Fla. 1st DCA 2009). Here, the circuit court denied petitioner’s affidavit without prejudice to file a sufficient petition. Petitioner is at liberty to file a sufficient petition alleging grounds upon which his conditional release may be modified as required by section 916.17(2), Florida Statutes. Petitioner fails to demonstrate how this ruling results in irreparable harm. Accordingly, the petition is denied. THOMAS, MARSTILLER, and BILBREY, JJ. concur.
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