
    The STATE of Florida, Petitioner, v. Pedro Antonio RIVERA, Respondent.
    No. 91-413.
    District Court of Appeal of Florida, Third District.
    May 7, 1991.
    Rehearing Denied June 4, 1991.
    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.
   PER CURIAM.

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.  