Opinion
No. 92-971.
December 15, 1992.
An Appeal from the Circuit Court of Dade County; Henry Ferro, Judge.
Robert A. Butterworth, Atty. Gen., and Avi J. Litwin, Asst. Atty. Gen., for appellant.
Bennett H. Brummer, Public Defender, and N. Joseph Durant, Jr., Asst. Public Defender, for appellee.
Before SCHWARTZ, C.J., and BARKDULL and LEVY, JJ.
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.