Opinion
No. 72-1026.
June 13, 1973.
Appeal from Circuit Court for Pasco County; Richard Kelly, Judge.
Waldense D. Malouf, Clearwater, for appellant.
Robert L. Shevin, Atty. Gen., Tallahassee, and Richard C. Booth, Asst. Atty. Gen., Tampa, for appellee.
Reversed and remanded with directions to vacate the judgment and sentence and discharge the defendant on the authority of Freimuth v. State, Fla. 1972, 272 So.2d 473, and State v. Hoagland, Fla. 1973, 272 So.2d 478.
MANN, C.J., and LILES and BOARDMAN, JJ., concur.