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STATE v. FORD

No. 98-2973.

739 So.2d 629 (1999)

The STATE of Florida, Appellant, v. Colin Lincoln FORD, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 22, 1999.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, and Paulette R. Taylor, Assistant Attorney General, for appellant.

Bennett H. Brummer, Public Defender, and Lisa Walsh, Assistant Public Defender, for appellee.

Before JORGENSON, COPE, and GODERICH, JJ.

PER CURIAM.

The State appeals from a downward departure sentencing order. For the following reasons, we reverse and remand.

Defendant was charged with the sale, manufacture, or delivery of cocaine, and with possession of cocaine. Over the State's objection,1 the trial court offered defendant a plea as a habitual offender to 364 days in a drug treatment program with no early termination and no credit for time served. The sentencing...

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