Opinion
No. ZZ-175.
February 11, 1982.
Appeal from Circuit Court, Alachua County; Chester B. Chance, Judge.
P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.
Jim Smith, Atty. Gen., and Lawrence A. Kaden, Asst. Atty. Gen., Tallahassee, for appellee.
On 17 November 1980 the appellant was placed on probation with the condition that he repay three times the damage. This is illegal, Fresneda v. State, 347 So.2d 1021 (Fla. 1977). On 16 December a notice of appeal was filed divesting the trial court of further jurisdiction, Kelly v. State, 359 So.2d 493 (Fla. 1st DCA 1978). The sentence is vacated and the cause is remanded for resentencing in accordance herewith.
MILLS, WENTWORTH and THOMPSON, JJ., concur.