Opinion
No. 95-3311.
September 18, 1996.
Appeal from Nineteenth Judicial Circuit Court, Indian River County, Charles E. Smith, J.
Richard L. Jorandby, Public Defender, and Karen E. Ehrlich, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for appellee.
We affirm both conditions of probation except for that portion of condition eleven (11) that requires random alcohol testing, which we reverse and remand with direction to strike same.
This requirement fails to be reasonably related to the rehabilitation of appellant, bears no relationship to the crime for which appellant was convicted, and relates to conduct that is otherwise legal. See Biller v. State, 618 So.2d 734 (Fla. 1993); Fernandez v. State, 677 So.2d 332 (Fla. 4th DCA 1996).
GLICKSTEIN, WARNER and GROSS, JJ., concur.