
    STATE of Florida, Petitioner, v. Mary BAILEY, Respondent.
    No. 97-1968.
    District Court of Appeal of Florida, Fifth District.
    Aug. 22, 1997.
    Robert A. Butterworth, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Petitioner.
    No Appearance for Respondent.
   DAUKSCH, Judge.

This is before the court by way of a petition for a writ of certiorari.

Petitioner has filed this petition and a cross-appeal in a plenary appeal filed by appellee from the criminal case below. This petition is thus duplicative of the cross-appeal and unnecessary, assuming there was a “departure from the essential requirements of law,” which we do not assume here. If petitioner is entitled to appellate relief, then that remedy is available in its appeal.

WRIT DENIED.

COBB and HARRIS, JJ., concur.  