Opinion
No. 75-4.
December 31, 1975.
Appeal from the Circuit Court, Palm Beach County, Russell H. McIntosh, J.
Richard L. Jorandby, Public Defender, and James R. Merola, Sp. Asst. Public Defender, West Palm Beach, for appellant.
Robert L. Shevin, Atty. Gen., Tallahassee, and Paul H. Zacks, Asst. Atty. Gen., West Palm Beach, for appellee.
Appellant appeals from the revocation of his probation.
It is manifest from the colloquy that the trial court, in effect, ruled that appellant did not have Fifth Amendment constitutional rights and penalized him for refusing to testify.
We reverse upon authority of Heath v. State, 310 So.2d 38 (Fla.App. 4th, 1975), and remand for a new hearing.
Reversed and remanded.
WALDEN, C.J., and OWEN and MAGER, JJ., concur.