State v. Swider

KLEIN, Judge.

Appellees pled guilty to purchasing 45 grams of cocaine for their own use, but were *563sentenced to rehabilitation pursuant to section 397.12, Florida Statutes (1991), although the amount makes the offense trafficking. The state appeals and we reverse, but certify the issue as one of great public importance.

Thomas Swidersky and his cousin John Swider are admitted cocaine addicts, who together purchased 45 grams of cocaine from an undercover police officer. These first-time offenders pled guilty and, at the plea hearing, the court asked the state whether it could show that the…