STATE v. JOHNSON

No. 90-2612.

591 So.2d 204 (1991)

STATE of Florida, Appellant, v. Joyce Ann JOHNSON, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied and Certified Question Withdrawing July 10, 1991.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Carol Cobourn Asbury, Asst. Atty. Gen., West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and Cherry Grant, Asst. Public Defender, West Palm Beach, for appellee.


PER CURIAM.

We reverse and remand. The appellee was charged in an information with purchase of cocaine at or near a school and possession of cocaine, to which she pled guilty. The trial court withheld adjudication and, in accordance with its negotiated plea bargain with the appellee, sentenced the appellee to a downward departure sentence of one year probation on each count.

The State first argues that the trial court erred in not sentencing the appellee to...

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