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STATE v. FIGUEROA

No. 98-3025

728 So.2d 787 (1999)

STATE of Florida, Appellant, v. Estevan FIGUEROA, Appellee.

District Court of Appeal of Florida, Fourth District.

February 24, 1999.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellant.

Richard Jorandby, Public Defender, and David McPherrin, Assistant Public Defender, West Palm Beach, for appellee.

ON MOTION TO DISMISS

PER CURIAM.

The state appeals a final sentencing order imposing a legal sentence which was entered over the state's objection after the trial court advised appellee, Estevan Figueroa, that if he pled to the crimes charged it would be willing to withhold adjudication of guilt and place him on probation. Appellee seeks dismissal of the appeal on the basis that the state does not have the right to appeal such an order. We agree.

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