GARDNER v. STATE

No. 97-943.

709 So.2d 612 (1998)

Michael McKay GARDNER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

April 9, 1998.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; Glen P. Gifford, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; J. Ray Poole, Assistant Attorney General, Tallahassee, for Appellee.


LAWRENCE, Judge.

Michael McKay Gardner (Gardner) appeals from his judgment and sentence to county jail, arguing that he instead should have been sentenced to a pretrial intervention program. We affirm.

Gardner pleaded nolo contendere to possession of cocaine and possession of more than twenty grams of cannabis committed on January 9, 1997, in Duval County. The trial judge denied Gardner's motion for admission to a pretrial intervention program, and instead...

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