District Court of Appeal of Florida September 26, 1990, No. 90-2010 (Bivins v. Makemson)

PER CURIAM.

We choose to treat the petition for writ of mandamus as a petition for writ for common law certiorari. We grant the writ and remand for the trial court to exercise its jurisdiction to sentence petitioner to probation pursuant to section 958.04(4)(e), Florida Statutes (1989), subject to condi*46tions of probation deemed appropriate by the sentencing judge.