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

Dec. 19, 2018 · District Court of Appeal of Florida, Fourth District · No. 4D17-3607

259 So. 3d 884

STATE of Florida, Petitioner,
v.
Michael BARNES, Respondent.

No. 4D17-3607

District Court of Appeal of Florida, Fourth District.

[December 19, 2018]

Pamela Jo Bondi, Attorney General, Tallahassee, and Anesha Worthy, Assistant Attorney General, West Palm Beach, for petitioner.

Carey Haughwout, Public Defender, and Tatjana Ostapoff, Assistant Public Defender, West Palm Beach, for respondent.

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.