Opinion
Case No. 3D01-274
Opinion filed September 5, 2001.
An Appeal from the Circuit Court for Dade County, Pedro Echarte, Judge. Lower Tribunal No. 97-80.
Bennett H. Brummer, Public Defender and Lisa Walsh, Assistant Public Defender, for appellant.
Robert A. Butterworth, Attorney General and Fredericka Sands, Assistant Attorney General, for appellee.
Before SCHWARTZ, C.J., and SORONDO and RAMIREZ, JJ.
The operative facts in this case are identical to those in State v. Boyd, 717 So.2d 524 (Fla. 1998). On the authority of Boyd, the order revoking probation and consequent sentence are vacated and set aside. The appellant is discharged. This opinion shall take effect immediately notwithstanding the filing or disposition of any motion for rehearing.