Singletary v. Acosta (659 So. 2d 449, 1995)

CONFESSION OF ERROR

PER CURIAM.

Upon consideration of the appellee’s commendable motion to remand, which we treat as a confession of error, those portions of the “order of judgment and sentence” which purport to direct the Department of Corrections to place the defendant in a specific drug treatment center and to provide specified medical treatment and medication — that is, each of the four substantive paragraphs on page two of the order and judgment — are hereby vacated. While it may make nonbinding recommendations, the trial court wholly lacks authority to regulate the treatment and placement of a sentenced defendant in the prison system. See Art. II, § 3, Fla.Const. (1968); Brown v. State, 427 So.2d 821 (Fla.2d DCA 1983); Florida Dep’t of Health & Rehabilitative Sews. v. Gross, 421 So.2d 44 (Fla.3d DCA 1982); State ex rel. Dep’t of Health & Rehabilitative Servs. v. Sepe, 291 So.2d 108 (Fla.3d DCA 1974). After remand, the trial judge shall enter sentence in the usual form.