Opinion
Nos. 82-59, 82-60.
September 3, 1982.
Appeals from Circuit Court, Hillsborough County; Arden Mays Merckle, Judge.
Jerry Hill, Public Defender, Bartow, and Robert F. Moeller, Asst. Public Defender, Tampa, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee.
At McQuay's probation revocation hearing on December 3, 1981, the trial judge orally revoked his probation in Case No. 81-3939 and sentenced him to two and a half years in prison. However, the judgment and sentence reflect revocation in Case No. 81-3938 as well as Case No. 81-3939. We affirm the revocation as it relates to Case No. 81-3939 because McQuay voluntarily pled nolo contendere to the charge in that case. With respect to Case No. 81-3938, we reverse because a review of the record indicates that McQuay never entered a plea to the charge in that case. It is so ordered.
DANAHY, A.C.J., SCHOONOVER, J., and CLINTON A. CURTIS, Associate Judge, concur.