concurring fully with the majority and also concurring specially.
While associating with and fully subscribing to all that is said in the majority opinion, it should be further observed that even if the majority opinion is incorrect the case would have to be reversed, as the amendment to the statute under consideration provides for alternative options, that is, either probation or confinement. It is not clear that both may be simultaneously utilized under the First Offender Act.
As to the issue of lack of statutory consent to come under the First Offender Act, while technically there appears to be no written or *76literal expression of this consent, there is substantial evidence and testimony appearing in the transcript amounting to sufficient affirmative efforts seeking to bring appellants under the spirit of the First Offender Act and not to be sentenced or judged under other general criminal statutes.
I am authorized to state that Presiding Judge McMurray and Judge Birdsong join in this special concurrence.