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Allen v. State

District Court of Appeal of Florida, Second District
Nov 18, 1994
645 So. 2d 579 (Fla. Dist. Ct. App. 1994)

Opinion

No. 93-01881.

November 18, 1994.

Appeal from the Circuit Court, Polk County, Charles B. Curry, J.

James Marion Moorman, Public Defender, and D.P. Chanco, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and John M. Klawikofsky, Asst. Atty. Gen., Tampa, for appellee.


Mary Louise Allen appeals the judgments and sentences imposed following her pleas of nolo contendere to two drug offenses charged in separate counts of the same information. We agree with her claim that the written judgment as to count seven must be amended to reflect that the trial court orally withheld adjudication of guilt. See Jackson v. State, 641 So.2d 167 (Fla. 2d DCA 1994).

We disagree, however, with Allen's contention that the special condition of probation prohibiting her from associating with her co-defendant was invalid. On this record, we conclude that such a condition bears a direct relationship to the crimes for which Allen was convicted and forbids conduct which is reasonably related to prohibiting future criminality. Biller v. State, 618 So.2d 734 (Fla. 1993). "Thus, the condition was proper as an attempt to deter future criminal conduct." Johnson v. State, 547 So.2d 1048 (Fla. 5th DCA 1989).

Affirmed but remanded with directions.

RYDER, A.C.J., and ALTENBERND and LAZZARA, JJ., concur.


Summaries of

Allen v. State

District Court of Appeal of Florida, Second District
Nov 18, 1994
645 So. 2d 579 (Fla. Dist. Ct. App. 1994)
Case details for

Allen v. State

Case Details

Full title:MARY LOUISE ALLEN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Nov 18, 1994

Citations

645 So. 2d 579 (Fla. Dist. Ct. App. 1994)

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