District Court of Appeal of Florida May 31, 2005, No. 1D04-0285 (Smith v. State)

WOLF, C.J.

Both parties agree, and we concur, that the order on review is not an appealable non-final order. See Fla. R.App. P. 9.140(b)(1). We, however, treat the notice of appeal and subsequently filed initial brief as a petition for writ of certiorari and deny relief.

KAHN and POLSTON, JJ., concur.