Hardy v. State

Full title: CALVIN HARDY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: May 2, 1979

370 So. 2d 822 (Fla. Dist. Ct. App. 1979)

Opinion

No. 78-1755.

May 2, 1979.

Appeal from the Circuit Court, Pinellas County, John S. Andrews, J.

Jack O. Johnson, Public Defender, Paul C. Helm, Asst. Public Defender, and Brent A. Woolbright, Legal Intern, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Michael A. Palecki, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

We affirm the trial court's acceptance of appellant's plea of nolo contendere to the felony offense of dealing in stolen property, proscribed by Section 812.019(1), Florida Statutes (1977). However, we remand for correction of the order placing appellant on probation.

Appellant was placed on unsupervised probation. Section 948.01(3), Florida Statutes (1977) provides that a defendant placed on probation for a felony shall be under the supervision of the Department of Offender Rehabilitation. This statutory requirement is mandatory. State v. Wilcox, 351 So.2d 89 (Fla.2d DCA 1977).

The order of probation is therefore vacated and the cause remanded for the entry of a new order consistent with this opinion.

BOARDMAN, Acting C.J., and RYDER and DANAHY, JJ., concur.