Opinion
No. 77-1648.
March 31, 1978.
Appeal from the Circuit Court for Hillsborough County; Morton, J. Hanlon, Judge.
Jack O. Johnson, Public Defender, Bartow, and Stephannie DaCosta, Asst. Public Defender, Tampa, for appellant.
Robert L. Shevin, Atty. Gen., Tallahassee and Richard G. Pippinger, Asst. Atty. Gen., Tampa, for appellee.
We affirm the judgment of the trial court, but we agree with appellant that there is an imperfection in the order withholding adjudication and placing appellant on probation. The order states that appellant entered a plea of guilty whereas the record demonstrates that appellant pled nolo contendere. Therefore we remand the case for correction of the order, and appellant need not be present at that time.
OTT, Acting C.J., and RYDER and DANAHY, JJ., concur.