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PEÑA v. STATE

No. 4D04-2991.

913 So.2d 1203 (2005)

Efrain PEÑA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 12, 2005.

Attorney(s) appearing for the Case

V.J. (Jimmy) Benincasa, Vero Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Monique E. L'Italien, Assistant Attorney General, West Palm Beach, for appellee.

ON MOTION FOR REHEARING

PER CURIAM.

We deny the motion for rehearing, withdraw our earlier opinion, and substitute the following.

Efrain Peña challenges the trial court's refusal to allow him to enter St. Lucie County's version of the pretrial drug intervention program ("Drug Court"). Peña, a non-resident alien, was arrested for possession of cocaine and eventually filed a motion to participate in Drug Court. The State argued against...

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