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SMITH v. STATE

No. 1D04-0285.

902 So.2d 889 (2005)

Thomas Bartley SMITH, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, First District.

May 31, 2005.

Attorney(s) appearing for the Case

William Mallory Kent, of the Law Office of William Mallory Kent, Jacksonville, for petitioner.

Charlie Crist, Attorney General; Edward C. Hill, Special Counsel, Criminal Appeals, Tallahassee, for respondent.

WOLF, C.J.

Both parties agree, and we concur, that the order on review is not an appealable non-final order. See Fla. R.App. P. 9.140(b)(1). We, however, treat the notice of appeal and subsequently filed initial brief as a petition for writ of certiorari and deny relief.

KAHN and POLSTON...

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