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Florida District Courts of Appeal, 1992

State v. Smith

State v. Smith
Florida District Courts of Appeal · Decided December 15, 1992 · Barkdull, Levy, Schwartz
609 So. 2d 173; 1992 Fla. App. LEXIS 13325; 1992 WL 367333 (Southern Reporter, Second Series)

State v. Smith

Opinion of the Court

PER CURIAM.

As counsel for appellee correctly points out in the “Admission of Error” filed herein, this matter is controlled by State v. Leatherwood, 561 So.2d 459 (Fla.2d DCA 1990).

Accordingly, the sentence imposing probation upon the appellee herein is reversed, and this cause is remanded with directions to the trial court to permit the appellee to *174withdraw his previously entered plea of “no contest”.

Reversed and remanded with directions.

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