Opinion
No. 91-413.
May 7, 1991. Rehearing Denied June 4, 1991.
On Petition for Writ of Certiorari to the Circuit Court for Dade County; Appellate Division, James C. Henderson, Sidney B. Shapiro and Ursula Ungaro, Judges.
Robert A. Butterworth, Atty. Gen. and Anita J. Gay, Asst. Atty. Gen., for petitioner.
S. Lee Kaufman, Miami, for respondent.
Before SCHWARTZ, C.J., and JORGENSON and GODERICH, JJ.
The state has failed to demonstrate that the circuit court, sitting in its appellate capacity, departed from the essential requirements of the law in determining that a county court sentence to participation in the so-called Metro Tree Program satisfied the "jail time" requirement of section 316.193(6)(b), Florida Statutes (1989) for a second DUI offense within three years.
Certiorari denied.