Peter Warrick's legal case goes to a judge Thursday. His future at Florida State now appears to be in the hands of the school's president.

Warrick's attorney, John Kenny, postponed a plea agreement hearing today after Florida State President Sandy D'Alemberte balked at a proposed deal that could have had the player back on the field Saturday at Clemson.

D'Alemberte, silent on the Warrick case since the player's arrest Oct. 7 on a felony grand theft charge, said today he would have the final say on the player's future.

"When the court's decision comes, Dave Hart, our athletics director, and I will confer and then announce our decision," D'Alemberte said. Hart and Florida State general counsel Alan Sundberg spoke with D'Alemberte by phone today about the case.

Kenny received a postponement on the plea agreement, giving him time to speak with Sundberg.

Warrick, who decided against turning pro last year to play his final year in college, was willing to spend a month in jail after the holidays to get a chance to get back on the field.

Florida State does not let its athletes compete if they have been charged with a felony, but they can take part if the charge is a misdemeanor. Florida State Coach Bobby Bowden, who goes after his 300th career victory Saturday at Clemson against son Tommy, says Warrick already has been severely punished.

Warrick and former teammate Laveranues Coles were charged with buying more than $400 of designer clothes Sept. 29 for $21.40 from a store clerk, who also is charged. A security camera recorded the transaction. Coles, who already was on probation with Bowden, was kicked off the team.

Today's scheduled hearing on Warrick's agreement with prosecutors, which included 30 days of jail time, was moved to Thursday after D'Alemberte said he had questions about the deal.

"I don't feel very good about somebody having a sentence hanging over them and playing," he told the Tallahassee Democrat.

The agreement would have required Warrick to spend 30 days in jail, donate to charity clothing he acquired in three trips to a Dillard's store, pay $295 in court costs, stay away from the department store and serve a year of probation.

Warrick, who has missed the Miami and Wake Forest games, was considered the leading candidate for the Heisman Trophy when he was suspended.