State v. McLeod

ON MOTION FOR REHEARING

The state’s motion for rehearing is granted and we vacate the order, dated February 23, 1988, dismissing the appeal. The amendment to section 958.04(3), Florida Statutes, effective July 1,1987, permits the state to appeal a departure sentence imposed under the Youthful Offender Act. Ch. 87-110, §§ 3, 4, Laws of Fla. The sentencing order in this case, entered fol*703lowing the amendment’s effective date, was appealable in accordance with the amended statute.

Although the opinion in State v. Diers, 517 So.2d 788 (Fla. 2d DCA 1988), does not disclose when the sentencing order…