STATE OF FLORIDA
v.
MICHAEL BARNES
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An order granting a criminal defendant's motion to vacate a plea is not an appealable order by the State under Florida Rule of Appellate Procedure 9.140(c)(1), and a petition for writ of certiorari challenging such an order must show a departure from the essential requirements of the law resulting in material injury.
[1] An order granting a criminal defendant's motion to vacate a plea is not among the orders that the State may directly appeal as of right under Florida Rule of Appellate Pr…
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Join FLexlaw to unlock all legal intelligenceMichael Barnes obtained a circuit court order vacating his guilty plea in a criminal case in Broward County. The State attempted to appeal this order.…
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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. * * * Not final until disposition of timely filed motion for rehearing.
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Citator
Cited By
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Moore v. State (Fla. 4th DCA 2024)
Authorities Cited
- State v. Pettis, 520 So. 2d 250 (Fla. 1988)
- Kissane v. State, 764 So. 2d 886 (Fla. 4th DCA 2000)
- State v. Stapleton, 764 So. 2d 886 (Fla. 4th DCA 2000)