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Jones v. State

District Court of Appeal of Florida, Fifth District
Jan 7, 2005
890 So. 2d 537 (Fla. Dist. Ct. App. 2005)

Opinion

No. 5D04-1091.

January 7, 2005.

Appeal from the Circuit Court for Brevard County, Warren Burk, Judge.

James S. Purdy, Public Defender, and Brynn Newton, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee.


Appellant pled guilty to two counts of possession of a controlled substance and one count each of trespass, driving while license suspended and grand theft. He was adjudicated guilty and placed on probation for three years. The only issue on appeal is the propriety of imposing, over defense objection, special probation conditions prohibiting Appellant from using alcohol or entering bars. We agree with Appellant that the record fails to show the requisite connection between these conditions and the crimes of which Appellant was convicted. MacIntyre v. State, 625 So.2d 118 (Fla. 5th DCA 1993); Grate v. State, 623 So.2d 591 (Fla. 5th DCA 1993).

Special Conditions (b) and (j) are stricken. In all other respects, the judgment is affirmed.

PLEUS, MONACO and TORPY, JJ., concur.


Summaries of

Jones v. State

District Court of Appeal of Florida, Fifth District
Jan 7, 2005
890 So. 2d 537 (Fla. Dist. Ct. App. 2005)
Case details for

Jones v. State

Case Details

Full title:Jeffrey JONES, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Jan 7, 2005

Citations

890 So. 2d 537 (Fla. Dist. Ct. App. 2005)