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STELZL v. STATE

No. 93-705.

629 So.2d 984 (1993)

John P. STELZL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 23, 1993.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and S.C. Van Voorhees, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Rebecca Roark Wall, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

John P. Stelzl appeals his judgment and sentence for violation of community control, which was originally imposed relative to the offense of possession of cocaine.1 We reverse.

The record reveals that Stelzl neither pled nolo contendere or guilty to the offense of possessing cocaine nor was he found guilty of such offense following a trial; therefore, the trial court could not lawfully place Stelzl on community...

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