THOMAS BARTLEY SMITH v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA THOMAS BARTLEY SMITH, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Petitioner, v. CASE NO. 1D04-0285 STATE OF FLORIDA, Respondent. _____________________________/ Opinion filed May 31, 2005. Petition for Writ of Certiorari - Original Jurisdiction. 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, JJ., CONCUR.

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