State v. Wright

The State of Florida appeals the trial court’s pre-trial order denying its Motion to Reconsider Appellate Ruling. Because the order is not one of the authorized appeals under Florida Rule of Appellate Procedure 9.140(c)(1), we exercise our authority to treat the State’s notice of appeal and briefs as being a petition for a writ of certiorari. See Fla. R. App. P. 9.040(c) (providing that, if a party seeks an improper remedy, the cause shall be treated as if the proper remedy had been sought). Furthermore, concluding that the State has failed to sustain its burden of proving that the trial…