State v. S.S.

I disagree with the majority’s position that the state does not have the right to appeal the trial court’s order vacating the plea and judgment in this case. The state should be able to appeal the order pursuant to section 985.534(l)(b)(2), Florida Statutes (2009) and Rule 9.145(c)(1)(C), Fla. R.App. P. These provisions allow the state to appeal an order “granting a new adjudicatory hearing.” The order setting aside the juvenile’s plea and disposition order is tantamount to an order “granting a new adjudicatory hearing” and, thus, should be subject to appeal by the state. When the plea is set…