Florida District Courts of Appeal, 1982

Rykoskey v. State

Rykoskey v. State
Florida District Courts of Appeal · Decided February 11, 1982 · Mills, Thompson, Wentworth
409 So. 2d 1142; 1982 Fla. App. LEXIS 19135 (Southern Reporter, Second Series)

Rykoskey v. State

Opinion of the Court

PER CURIAM.

On 17 November 1980 the appellant was placed on probation with the condition that he repay three times the damage. This is illegal, Fresneda v. State, 347 So.2d 1021 (Fla. 1977). On 16 December a notice of appeal was filed divesting the trial court of further jurisdiction, Kelly v. State, 359 So.2d 493 (Fla. 1st DCA 1978). The sentence is vacated and the cause is remanded for resentencing in accordance herewith.

MILLS, WENTWORTH and THOMPSON, JJ., concur.

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