State v. C. O.

The state failed to timely object when the trial court placed appellee in a drug treatment program as an alternative to imposing a penalty or sentence.

*170Accordingly, we affirm the trial courts dismissal of the charges. See State v. Upshaw, 648 So.2d 851 (Fla. 3d DCA 1995).

AFFIRMED.

DELL, FARMER and SHAHOOD, JJ., concur.