Peña v. State

On Motion Fob Rehearing

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 participation on the ground that participation may not be appropriate based on Peña’s status as an illegal alien. The trial court denied the motion, Peña withdrew his not…