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STATE v. EASH

No. 78-107.

367 So.2d 661 (1979)

STATE of Florida, Appellant, v. Ora L. EASH, Appellee.

District Court of Appeal of Florida, Second District.

January 31, 1979.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Tallahassee and C. Marie King, Asst. Atty. Gen., Tampa, for appellant.

Peter M. de Manio, of Scovill, Pitcher & de Manio, Chartered, Sarasota, for appellee.

OTT, Judge.

The state appeals an order of dismissal. We affirm in part and reverse in part for reasons hereinafter stated.

The appellee was charged by information with possession of greater than five grams of marijuana. Appellee wished to be accepted into a pretrial intervention program pursuant to § 944.025, Fla. Stat. (Supp. 1978). Subsection (1) of that section provides:

The Department of Offender Rehabilitation shall supervise pretrial intervention...

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