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STATE v. SMITH

Nos. 91-3092, 91-3125.

596 So.2d 168 (1992)

STATE of Florida, Petitioner, v. Clinton Owen SMITH, Respondent. STATE of Florida, Appellant, v. Clinton Owen SMITH, Appellee.

District Court of Appeal of Florida, First District.

April 10, 1992.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Charlie McCoy, Asst. Atty. Gen., for appellant in case number 91-3125.

Lawrence A. Kaden, Asst. State Atty., and Raymond L. Marky, Sp. Asst. State Atty., for petitioner in case number 91-3092.

Barry W. Beroset, Beroset & Keene, Pensacola, for appellee, respondent.

ON REHEARING

PER CURIAM.

On December 9, 1991, we issued our opinion wherein we found that the State of Florida could not obtain review, either by appeal or extraordinary writ, of an order which denied a motion to vacate an order terminating community control without notice to the State. We have now considered the State's motion for rehearing and find that our reliance on State v. Magrath, 517 So.2d 29 (Fla. 3d DCA...

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