In re the Interest of T.G.

ON MOTION TO DISMISS

Appellant was charged in a petition for delinquency with possession of cocaine, and after denying his motion to suppress, the court withheld adjudication and placed appellant on community control. Appellant has appealed the order withholding adjudication, and the state moves to dismiss on the ground that the order withholding adjudication is not an appealable order under Florida Rule of Appellate Procedure 9.140(b), citing Martin v. State, 600 So.2d 20 (Fla. 2d DCA 1992).

The state’s reliance on Martin is misplaced because the defendant in Martin was not a juvenile. As the…