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STATE v. HARPER

No. 2D00-4478.

792 So.2d 1243 (2001)

STATE of Florida, Appellant, v. Johnny J. HARPER, Appellee.

District Court of Appeal of Florida, Second District.

August 31, 2001.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Dale E. Tarpley, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and Kevin Briggs, Assistant Public Defender, Bartow, for Appellee.

PARKER, Judge.

The State of Florida appeals the sentence the trial court imposed after Johnny J. Harper pleaded no contest to possession of marijuana.1 The State argues that the trial court sentenced Harper to probation with a special condition of outpatient drug treatment in violation of section 948.034, Florida Statutes (1999). Because the trial court improperly applied section 948.034, we are compelled to reverse.

The charge...

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