State of Florida v. Jonathan Gomez

177 So. 3d 311, 2015 Fla. App. LEXIS 14924, 2015 WL 5837692
District Court of Appeal of Florida·Decided October 7, 2015·No. 4D13-3160·Published

Opinion

On Motion for Rehearing

MAY, J.

The State appealed an order reinstating the defendant’s probation after he admitted a violation of probation. It argued the trial court erred in failing to hold a danger hearing and in failing to make the required written findings under section 948.06(8), Florida Statutes (2013). The defendant *312 did not argue, nor did we detect, that we lacked jurisdiction to review • the order.

In his motion for rehearing, the defendant brought the jurisdictional issue to our attention. We have now held that we lack jurisdiction to review such orders. State v. Folkes, No. 4D13-2027, 2015 WL 5438535 (Fla. 4th DCA 2015). We must, therefore, withdraw our previously issued opinion, and dismiss this appeal.

Appeal dismissed for lack of jurisdiction.

TAYLOR and KLINGENSMITH, JJ., concur.

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State of Florida v. Jonathan Gomez, 177 So. 3d 311, 2015 Fla. App. LEXIS 14924, 2015 WL 5837692 (Fla. Ct. App. 2015).

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