McQuay v. State

Court: District Court of Appeal of Florida
Date filed: 1982-09-03
Citations: 418 So. 2d 1220, 1982 Fla. App. LEXIS 21067
Copy Citations
Click to Find Citing Cases
Lead Opinion
PER CURIAM.

At McQuay’s probation revocation hearing on December 3, 1981, the trial judge orally revoked his probation in Case No. 81-3939 and sentenced him to two and a half years in prison. However, the judgment and sentence reflect revocation in Case No. 81-3938 as well as Case No. 81— 3939. We affirm the revocation as it relates to Case No. 81-3939 because McQuay voluntarily pled nolo contendere to the charge in that case. With respect to Case No. 81-3938, we reverse because a review of the record indicates that McQuay never entered a plea to the charge in that case. It is so ordered.

DANAHY, A.C.J., SCHOONOVER, J., and CLINTON A. CURTIS, Associate Judge, concur.