Dunn v. State

Full title: JEFFREY DUNN, Appellant, v. STATE OF FLORIDA, Appellee.

Court: DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

Date published: Feb 12, 2016

185 So. 3d 694 (Fla. Dist. Ct. App. 2016)

Opinion

No. 5D14–4272.

02-12-2016

Jeffrey DUNN, Appellant, v. STATE of Florida, Appellee.

James S. Purdy, Public Defender, and Lisa A. Haskins, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Marjorie Vincent–Tripp, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

James S. Purdy, Public Defender, and Lisa A. Haskins, Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Marjorie Vincent–Tripp, Assistant Attorney General, Daytona Beach, for Appellee.

Opinion

PER CURIAM.

After conducting a hearing, the lower court concluded that Appellant violated three conditions of his probation. He only challenges the sufficiency of the evidence supporting the Condition 5 violation. We affirm. See Bell v. State, 179 So.3d 349 (Fla. 5th DCA 2015). We acknowledge conflict with Queior v. State, 157 So.3d 370 (Fla. 2d DCA), review granted, 171 So.3d 120 (Fla.2015).

Appellant also challenges the imposition of Condition 30 in the probation order. Appellee correctly concedes error on this point. Witchard v. State, 68 So.3d 407, 410 (Fla. 4th DCA 2011). Accordingly, we strike Condition 30 from the probation order.

AFFIRMED; CONDITION 30 STRICKEN.

LAWSON, C.J., TORPY and LAMBERT, JJ., concur.