STATE v. CLARK

No. 4-86-0799.

494 So.2d 529 (1986)

STATE of Florida, Petitioner, v. Donna CLARK, Respondent.

District Court of Appeal of Florida, Fourth District.

September 24, 1986.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Richard G. Bartmon, Asst. Atty. Gen., West Palm Beach, and Michael J. Satz, State Atty., and James P. McLane, Asst. State Atty., Fort Lauderdale, for petitioner.

John P. Shevock of Gillespie, McCormick, McFall, Gilbert & McGee, Fort Lauderdale, for respondent.


LETTS, Judge.

We grant the writ of certiorari, quash the order dismissing the appeal and reinstate it in the circuit court. We point out that we find jurisdiction to exist pursuant to Florida Rule of Appellate Procedure 9.030(b)(2)(B). Since this petition is from an order of the circuit court acting in its appellate capacity, this case does not present the same question as to the State's right to appeal as found in Jones v. State, 477 So.2d...

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