State v. Trimel (405 So. 2d 297, 1981)

PER CURIAM.

We affirm the order appealed from on authority of State v. Jenkins, 389 So.2d 971 (Fla.1980).

DOWNEY and HURLEY, JJ., concur.

ANSTEAD, J., specially concurs with opinion.

ANSTEAD, Judge,

specially concurring:

I concur in the affirmance of the trial court’s order of dismissal on the authority of State v. Jenkins, 389 So.2d 971 (Fla.1980) and write separately only to note that I am somewhat taken aback that the state has taken an appeal when the record reflects that it was virtually at the state’s instance that the case was dismissed.