Opinion
No. 81-587.
October 20, 1982. Rehearing Denied December 8, 1982.
Appeal from the Circuit Court, Broward County, Lawrence L. Korda, J.
Richard L. Jorandby, Public Defender, and Louis G. Carres, Asst. Public Defender, West Palm Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for appellee.
ON MOTION TO DISMISS APPEAL
The trial court having concluded that its order on motion to compel was not dispositive of the case, the appeal is dismissed. Pursuant to the procedure suggested in Gray v. State, 379 So.2d 435 (Fla. 2d DCA 1980), the trial court shall allow appellant thirty days from the date of this order within which to file a motion to withdraw her plea. The trial court shall grant such motion unless the state is able to establish prejudice as a result of the delay engendered by this appeal. Should appellant not be allowed to withdraw her plea, she may seek review of the order denying withdrawal by filing a new appeal in this court.
ANSTEAD, BERANEK and GLICKSTEIN, JJ., concur.