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BAKER v. STATE

District Court of Appeal of Florida, Fifth District.
Jan 14, 1988

DAUKSCH, Judge.

This matter is before the court to have issued a writ of certiorari to the circuit court to review its opinion reversing a county court order dismissing a criminal information.

This court will not exercise certiorari jurisdiction to review an order denying a motion to dismiss or a circuit court opinion reversing an order granting a motion to dismiss, both of which amount to the same thing. An adequate remedy by appeal, if conviction ensues, is available. See Rule 9.140(b) and (c), Fla.R.App.P.; Martin-Johnson, Inc. v. Savage, 509 So.2d 1097 (Fla. 1987); Combs v. State, 436 So.2d 93 (Fla. 1983); State v. Soto, 444 So.2d 1151 (Fla. 5th DCA 1984).

Certiorari denied.

UPCHURCH, C.J., and ORFINGER, J., concur.