THE STATE OF FLORIDA, APPELLANT,
v.
LEONARD SMITH, APPELLEE

Fla. 3d DCA | 1992-12-15
No. 92-971
Before SCHWARTZ, C.J., and BARKDULL and LEVY, JJ.
609 So. 2d 173 Florida District Court of Appeal, Third District (1992)

Opinion of the Court
PER CURIAM.

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 withdraw his previously entered plea of “no contest”.

Reversed and remanded with directions.


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