State v. C. O.

PER CURIAM.

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.

Accordingly, 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.