Opinion
No. 90-2282.
November 21, 1991.
Appeal from the Circuit Court for Orange County; Helio Gomez, Richard F. Conrad, Judges.
James B. Gibson, Public Defender, Kenneth Witts, Asst. Public Defender, and Sophia S. Ehringer, Certified Legal Intern, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Judy Taylor Rush, Asst. Atty. Gen., Daytona Beach, for appellee.
UPON MOTION FOR REHEARING
We withdraw the previous opinion and substitute the following in its stead.
The state has pointed out in its motion for rehearing that because no judgment was rendered this court has no jurisdiction to do anything except dismiss this appeal. That is correct. Owens v. State, 579 So.2d 311 (Fla. 1st DCA 1991). Because this court never had jurisdiction, the trial court does. Relief can be sought below.
Appeal dismissed.
COWART and PETERSON, JJ., concur.