
    Thomas Bartley SMITH, Petitioner, v. STATE of Florida, Respondent.
    No. 1D04-0285.
    District Court of Appeal of Florida, First District.
    May 31, 2005.
    William Mallory Kent, of the Law Office of William Mallory Kent, Jacksonville, for petitioner.
    Charlie Crist, Attorney General; Edward C. Hill, Special Counsel, Criminal Appeals, Tallahassee, for respondent.
   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.  