State v. Barnes

District Court of Appeal of Florida

State v. Barnes

259 So. 3d 884

District Court of Appeal of Florida·Decided December 19, 2018·No. No. 4D17-3607·Published

Opinion

Per Curiam.

The state appeals the circuit court's order granting a criminal defendant's motion to vacate a plea. Under Florida Rule of Appellate Procedure 9.140(c)(1), an order granting a defendant's motion to vacate a plea is not among the orders that the state may appeal. We treat the notice of appeal as a petition for writ of certiorari. See State v. Pettis , 520 So.2d 250 (Fla. 1988) ; State v. Stapleton , 764 So.2d 886, 887 (Fla. 4th DCA 2000). We deny the petition for writ of certiorari for failure to show a departure from the essential requirements of the law resulting in material injury for the remainder of the case.

Gross, May, JJ., and Caracuzzo, Cheryl, Associate Judge, concur.

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Per Curiam.

The state appeals the circuit court's order granting a criminal defendant's motion to vacate a plea. Under Florida Rule of Appellate Procedure 9.140(c)(1), an order granting a defendant's motion to vacate a plea is not among the orders that the state may appeal. We treat the notice of appeal as a petition for writ of certiorari. See State v. Pettis , 520 So.2d 250 (Fla. 1988) ; State v. Stapleton , 764 So.2d 886, 887 (Fla. 4th DCA 2000). We deny the petition for writ of certiorari for failure to show a departure from the essential requirements of the law resulting in material injury for the remainder of the case.

Gross, May, JJ., and Caracuzzo, Cheryl, Associate Judge, concur.

State v. Barnes, 259 So. 3d 884 (Fla. Ct. App. 2018).

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Opinion

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