¶1On 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.
409 So. 2d 1142
Rykoskey v. State
District Court of Appeal of Florida
Decided February 11, 1982
District Court of Appeal of Florida · decided 1982-02-11
Relies on 347 So. 2d 1021 - Fresneda v. State · Kelly v. State
Decided 1982-02-11