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STATE v. ROSS

No. 83-512.

447 So.2d 1380 (1984)

STATE of Florida, Appellant, v. Claude ROSS, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing and Certification of Importance Denied April 25, 1984.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Sharon Lee Stedman, Asst. Atty. Gen., West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and Margaret Good, Asst. Public Defender, West Palm Beach, for appellee.

Rehearing En Banc and Certification of Importance Denied April 25, 1984.

HURLEY, Judge.

This appeal concerns the trial court's sentencing authority. Specifically, the question is whether the court may place a defendant on probation and require participation in a drug rehabilitation program pursuant to section 397.12, Florida Statutes (1981), rather than impose a mandatory minimum sentence of incarceration pursuant to section 775.087(2)(a), Florida Statutes...

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