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

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.