STATE v. RAPHAEL

No. 84-1040.

469 So.2d 812 (1985)

STATE of Florida, Appellant, v. Roberto I. RAPHAEL, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied May 20, 1985.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee and Theda James Davis, Asst. Atty. Gen., Tampa, for appellant.

No appearance for appellee.


RYDER, Chief Judge.

Roberto I. Raphael, pursuant to a negotiated plea agreement, pleaded guilty to trafficking in cocaine, conspiracy to traffic in cocaine and one count of delivery of cocaine. The trial judge placed Raphael on probation on all charges and required Raphael to submit to a drug rehabilitation program.

The state objected and appeals, arguing that the court below lacked power to exercise its discretion pursuant to section 397.12, Florida Statutes...

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