STATE v. UPSHAW

No. 94-1637.

648 So.2d 851 (1995)

The STATE of Florida, Appellant, v. Johnnie Mae UPSHAW, Appellee.

District Court of Appeal of Florida, Third District.

January 18, 1995.


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 Howard K. Blumberg, Asst. Public Defender, for appellee.

Before LEVY, GERSTEN and GODERICH, JJ.


GERSTEN, Judge.

Appellant, the State of Florida, appeals the dismissal of charges against appellee, Johnnie Mae Upshaw (Upshaw) after Upshaw successfully completed a statutorily prescribed pretrial substance abuse program. We affirm.

Although the State charged Upshaw with both possession and with sale of cocaine, the prosecutor, at arraignment, offered:

THE PROSECUTOR: ... The State would offer drug court as an alternative to

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