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STATE v. SMITH

No. 92-971.

609 So.2d 173 (1992)

The STATE of Florida, Appellant, v. Leonard SMITH, Appellee.

District Court of Appeal of Florida, Third District.

December 15, 1992.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Avi J. Litwin, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, and N. Joseph Durant, Jr., Asst. Public Defender, for appellee.

Before SCHWARTZ, C.J., and BARKDULL and LEVY, JJ.

PER CURIAM.

As 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).

Accordingly, 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 withdraw his previously...

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