COWARD v. STATE

No. 88-3189.

547 So.2d 990 (1989)

Rose N. COWARD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

August 4, 1989.


Attorney(s) appearing for the Case

Lloyd L. Vipperman, Jr., of the Law Offices of Lloyd L. Vipperman, Jr., Gainesville, for appellant.

Carolyn J. Mosely, Asst. Atty. Gen., Tallahassee, for appellee.


PER CURIAM.

Appellant entered a plea of nolo contendere 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...

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