¶1We affirm the order appealed from on authority of State v. Jenkins, 389 So.2d 971 (Fla.1980).
¶2specially concurring:
¶3I 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.