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,
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