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STATE v. VOLA

No. 91-0273.

591 So.2d 248 (1991)

STATE of Florida, Appellant, v. Salvatore VOLA, Appellee.

District Court of Appeal of Florida, Fourth District.

On Rehearing January 29, 1992.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Don M. Rogers, Asst. Atty. Gen., West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and Allen J. DeWeese, Asst. Public Defender, West Palm Beach, for appellee.

PER CURIAM.

The defendant was charged with, and convicted of, purchasing cocaine within 1,000 feet of a public school contrary to section 893.13(1)(e)1, Florida Statutes (1989). The trial judge departed downward and sentenced the defendant under section 397.12, Florida Statutes (1989), because he felt "strongly" that section 397.12 provided a "meaningful alternative to prison."

We reverse and remand for resentencing on the authority of State v. Lane,

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