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Melvin v. State

District Court of Appeal of Florida, Fifth District
Dec 2, 2005
915 So. 2d 251 (Fla. Dist. Ct. App. 2005)

Opinion

No. 5D04-3371.

December 2, 2005.

Appeal from the Circuit Court for Brevard County, Charles Holcomb, Judge.

James S. Purdy, Public Defender, and Anne Moorman Reeves, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellee.


Mark Melvin appeals the imposition of a condition of his probation that permits the Department of Corrections, ("DOC"), to recommend electronic monitoring pursuant to section 948.30(2)(e), Florida Statutes (2005). We affirm Melvin's sentence without prejudice to his ability to challenge that condition when he is about to begin probation after serving his period of incarceration if DOC requests and the trial court requires monitoring. See § 948.30(2)(e), Fla. Stat. (2005); State v. Beasley, 580 So.2d 139 (Fla. 1991).

AFFIRMED WITHOUT PREJUDICE.

SHARP, W., and ORFINGER, JJ. concur.


Summaries of

Melvin v. State

District Court of Appeal of Florida, Fifth District
Dec 2, 2005
915 So. 2d 251 (Fla. Dist. Ct. App. 2005)
Case details for

Melvin v. State

Case Details

Full title:Mark MELVIN, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Dec 2, 2005

Citations

915 So. 2d 251 (Fla. Dist. Ct. App. 2005)