No. SC11-874.Supreme Court of Florida.
June 17, 2011.
Lower Tribunal No(s). 04-2491-CFA.
The Petition Seeking Review of Nonfinal Order (Capital Case) is hereby dismissed as premature. There would be an adequate remedy on appeal from a rule 3.853 motion, if made and denied, or from a denial of the 3.851 motion, if entered by the trial court. See Fla.R.App.P. 9.142(b)(4)(F) (explaining that petition seeking review of a nonfinal order in death penalty postconviction proceedings must include an explanation of how the order “may cause material injury for which there is no adequate remedy on appeal”).
Petitioner’s Emergency Motion for a Stay of Proceedings Pending Review of Non-Final Order (Capital Case) is denied as moot.
CANADY, C.J., and PARIENTE, LEWIS, QUINCE, POLSTON, LABARGA, and PERRY, JJ., concur.
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