Woodruff v. State

Full title: EVERETT WOODRUFF, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Jun 30, 1995

656 So. 2d 968 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-2374.

June 30, 1995.

Appeal from the Circuit Court for Volusia County; John W. Watson, III, Circuit Judge.

James B. Gibson, Public Defender, and Sean K. Ahmed, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Rebecca Roark Wall, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

The special condition of probation that requires the appellant to pay $48 to First Step of Volusia County is stricken. Tibero v. State, 646 So.2d 213 (Fla. 5th DCA 1994). The condition that appellant work diligently at a lawful occupation is modified to include the language "in so far as possible." § 948.03(1)(c), Fla. Stat. (1993); Burke v. State, 642 So.2d 677 (Fla. 5th DCA 1994).

REVERSED IN PART.

HARRIS, C.J., and GOSHORN and PETERSON, JJ., concur.