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609 So. 2d 173

State v. Smith

District Court of Appeal of Florida

Decided December 15, 1992

District Court of Appeal of Florida · decided 1992-12-15

Relies on 561 So. 2d 459 - State v. Leatherwood

Decided 1992-12-15

PER CURIAM.

¶1As counsel for appellee correctly points out in the “Admission of Error” filed herein, this matter is controlled by State v. Leatherwood, 561 So.2d 459 (Fla.2d DCA 1990).

¶2Accordingly, the sentence imposing probation upon the appellee herein is reversed, and this cause is remanded with directions to the trial court to permit the appellee to *174withdraw his previously entered plea of “no contest”.

¶3Reversed and remanded with directions.

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