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STATE v. SWIDER

Nos. 94-1221, 94-1353.

654 So.2d 562 (1995)

STATE of Florida, Appellant, v. John Z. SWIDER and Thomas Swidersky, Appellees.

District Court of Appeal of Florida, Fourth District.

February 15, 1995.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and John Tiedemann, and William Spillias, Asst. Attys. Gen., West Palm Beach, for appellant.

Dennis E. Bruce, Miami, and David A. Brener, Coral Springs, for appellees.

KLEIN, Judge.

Appellees pled guilty to purchasing 45 grams of cocaine for their own use, but were sentenced to rehabilitation pursuant to section 397.12, Florida Statutes (1991), although the amount makes the offense trafficking. The state appeals and we reverse, but certify the issue as one of great public importance.

Thomas Swidersky and his cousin John Swider are admitted cocaine addicts, who together purchased...

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