State v. Raphael

RYDER, Chief Judge.

Roberto I. Raphael, pursuant to a negotiated plea agreement, pleaded guilty to trafficking in cocaine, conspiracy to traffic in cocaine and one count of delivery of cocaine. The trial judge placed Raphael on probation on all charges and required Raphael to submit to a drug rehabilitation program.

The state objected and appeals, arguing that the court below lacked power to exercise its discretion pursuant to section 397.-12, Florida Statutes (1983), regarding the charges of trafficking and conspiracy to traffic in cocaine. We agree and reverse.

Although the type of narcotics…