State v. Smith

ON REHEARING

On December 9, 1991, we issued our opinion wherein we found that the State of Florida could not obtain review, either by appeal or extraordinary writ, of an order which denied a motion to vacate an order terminating community control without notice to the State. We have now considered the State’s motion for rehearing and find that our reliance on State v. Magrath, 517 So.2d 29 (Fla. 3d DCA 1987) was misplaced in light of State v. Pettis, 520 So.2d 250 (Fla.1988); see also State v. Rhodes, 554 So.2d 1229 (Fla. 2d DCA 1990).

Accordingly, we withdraw our prior opinion and accept…