Fogle v. State

STEPHENS, Justice.

Appellant, on his plea of nolo con-tendere to the charge of Driving While Intoxicated, was sentenced to forty-five days in jail together with a three hundred dollar fine. His sentence was probated, conditioned upon his completion of a driving while intoxicated educational program and his working “faithfully at a community service task for 90 hours as directed by the Probation Department....” Because the trial judge improperly delegated his duty to declare the specific type of community service required of appellant to the probation department, we reverse and remand.

Four…