STATE OF FLORIDA, APPELLANT,
v.
C. O., A CHILD, APPELLEE

Fla. 4th DCA | 1997-10-15
No. 96-3229
DELL, FARMER and SHAHOOD, JJ., concur.
700 So. 2d 169 Florida District Court of Appeal, Fourth District (1997) Caution
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The state failed to timely object when the trial court placed appellee in a drug treatment program as an alternative to imposing a penalty or sentence. Accordingly, we affirm the trial courts dismissal of the charges. See State v. Upshaw, 648 So. 2d 851 (Fla. 3d DCA 1995).

AFFIRMED.

DELL, FARMER and SHAHOOD, JJ., concur.


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  • State v. R.B., 711 So. 2d 222 (Fla. 4th DCA 1998)
    …volving the same issues. Other than the statement of facts, it appears the state and public defender’s offices have- relied on substantially similar briefs in support of their arguments. This court recently decided one of these eases, State v. C.O., 700 So. 2d 169 (Fla. 4th DCA 1997), but we concluded that the case should not be designated as the lead case because it was not decided on the merits. Relying on State v. Upshaw, 648 So. 2d 851 (Fla. 3d DCA 1995), this court concluded in C.O. that the state was re…

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