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STATE v. TURNER

No. 93-2836.

636 So.2d 815 (1994)

The STATE of Florida, Appellant, v. William TURNER, Appellee.

District Court of Appeal of Florida, Third District.

May 3, 1994.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Paulette R. Taylor, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, and Bruce A. Rosenthal, Asst. Public Defender, for appellee.

Before SCHWARTZ, C.J., and HUBBART and COPE, JJ.

SCHWARTZ, Chief Judge.

The appellee Turner was charged with the third degree felony of possession of cocaine. Although, because of his prior multiple felony convictions, the state objected and notwithstanding that section 948.08(2), Florida Statutes (1993)1 explicitly requires the consent of the state attorney, the "drug court" wrongly offered and Turner voluntarily agreed to his placement in a pretrial intervention program which involved...

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