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Stonebraker v. State

District Court of Appeal of Florida, Second District
Mar 6, 1992
594 So. 2d 351 (Fla. Dist. Ct. App. 1992)
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Summary

striking a probation condition that barred the defendant, convicted of grand theft, from drinking alcohol or frequenting places where alcohol is sold

Summary of this case from Commonwealth v. Gomes
See 3 Summaries

Opinion

No. 91-00328.

March 6, 1992.

Appeal from the Circuit Court, Hillsborough County, Harry Lee Coe, III, J.

James Marion Moorman, Public Defender, and Timothy J. Ferreri, Assistant Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Brenda S. Taylor, Asst. Atty. Gen., Tampa, for appellee.

FRANK, Judge.

We affirm Stonebraker's convictions and sentence, including the imposition of a fine and restitution, but we remand for the trial court to strike conditions of probation relating to alcohol use or visiting premises upon which alcohol or intoxicants are sold on the ground that such conditions are unrelated to the crime of grand theft for which Stonebraker was convicted. Daniels v. State, 583 So.2d 423 (Fla. 2d DCA 1991).

Affirmed in part, reversed in part, and remanded.

LEHAN, A.C.J., and PATTERSON, J., concur.

Summaries of

Stonebraker v. State

District Court of Appeal of Florida, Second District
Mar 6, 1992
594 So. 2d 351 (Fla. Dist. Ct. App. 1992)

striking a probation condition that barred the defendant, convicted of grand theft, from drinking alcohol or frequenting places where alcohol is sold

Summary of this case from Commonwealth v. Gomes

In Stonebraker, the court invalidated a condition of probation relating to the use of alcohol or visiting premises upon which alcohol or intoxicants were sold. However, the opinion only gave as a reason that such conditions were unrelated to the crime for which the defendant had been convicted and made no reference to the other two circumstances under which Rodriguez would permit a condition to be imposed.

Summary of this case from Biller v. State

In Stonebraker v. State, 594 So.2d 351 (Fla. 2d DCA 1992), the court struck a similar condition as being unrelated to the crime of grand theft.

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

Stonebraker v. State

Case Details

Full title:TINA STONEBRAKER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Mar 6, 1992

Citations

594 So. 2d 351 (Fla. Dist. Ct. App. 1992)

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