Coward v. State, 547 So. 2d 990

PER CURIAM.

Appellant entered a plea of nolo conten-dere to a misdemeanor violation of § 893.147(2), Fla.Stat. (1987) reserving her right to appeal certain issues. Section 893.-147(2) specifies that any violation thereof constitutes a third degree felony. Appellant has therefore entered a plea to an offense which does not exist. In light of this mutual mistake on the part of all parties below, we vacate the order of probation and remand with directions that appellant’s plea be set aside.

THOMPSON, WIGGINTON and NIMMONS, JJ., concur.

Case Details

Case Name: Coward v. State

Court Name: District Court of Appeal of Florida

Date Published: Aug 4, 1989

Citations: 547 So. 2d 990; 14 Fla. L. Weekly 1848; 1989 WL 87550; 1989 Fla. App. LEXIS 4447; No. 88-3189

Docket Number: No. 88-3189

Court Abbreviation: Fla. Dist. Ct. App.