State v. Fulkerson

MANN, Chief Judge.

ON JURISDICTION

I erred in State v. Redden, Fla.App.2nd 1972, 269 So.2d 415, and persuaded my colleagues to concur, in determining that the rule of State v. Smith, Fla. 1972, 260 So.2d 489, deprived the State of its appeal as a matter of right from orders dismissing in-formations. We granted certiorari in Redden and quashed the order under review, so no harm is done, but we specifically recede from that decision.

An order dismissing an information is in the nature of a final judgment and the state’s right of appeal is not derived from Rule 6.3, F.A.R., 32 F.S.A. That rule…