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Gomez-Rodriqueq v. State

District Court of Appeal of Florida, Fifth District
Mar 4, 1994
632 So. 2d 709 (Fla. Dist. Ct. App. 1994)
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Summary

In Gomez-Rodriqueq v. State, 632 So.2d 709 (Fla. 5th DCA 1994), the appellant entered a plea of nolo contendere to the offense of purchasing cocaine.

Summary of this case from Cassamassima v. State
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Opinion

No. 93-1582.

March 4, 1994.

Appeal from the Circuit Court, Orange County, John H. Adams, J.

James B. Gibson, Public Defender, and Anne Moorman Reeves, Asst. Public Defender, Daytona Beach for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

Appellant Teodomiro Gomez-Rodriqueq entered a plea of nolo contendere to the offense of purchase of cocaine a violation of § 893.13(1)(a)1, Florida Statutes (1991). He was adjudicated guilty and placed on probation for four years with special conditions. We affirm the conviction, the sentence and the conditions of probation except one: we strike condition 21. Condition 21 requires that appellant consume no alcoholic beverages. There is no evidence in the record on appeal that the offense was alcohol related. The condition is, therefore, invalid. See Biller v. State, 618 So.2d 734 (Fla. 1993).

AFFIRMED as modified.

W. SHARP, DIAMANTIS and THOMPSON, JJ., concur.

Summaries of

Gomez-Rodriqueq v. State

District Court of Appeal of Florida, Fifth District
Mar 4, 1994
632 So. 2d 709 (Fla. Dist. Ct. App. 1994)

In Gomez-Rodriqueq v. State, 632 So.2d 709 (Fla. 5th DCA 1994), the appellant entered a plea of nolo contendere to the offense of purchasing cocaine.

Summary of this case from Cassamassima v. State
Case details for

Gomez-Rodriqueq v. State

Case Details

Full title:TEODOMIRO GOMEZ-RODRIQUEQ, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Mar 4, 1994

Citations

632 So. 2d 709 (Fla. Dist. Ct. App. 1994)

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