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Bower v. State

District Court of Appeal of Florida, Fifth District
Jul 1, 1996
675 So. 2d 957 (Fla. Dist. Ct. App. 1996)

Opinion

No. 95-837.

May 3, 1996. Rehearing Denied July 1, 1996.

Appeal from the Circuit Court for St. Johns County; Robert K. Mathis, Judge.

Wayne F. Henderson, St. Augustine, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Lori E. Nelson, Assistant Attorney General, Daytona Beach, for Appellee.


This is an appeal from a judgment and sentence in a sexual assault case.

As to the conviction, the judgment should note that the appellant was convicted by a jury, not that he pleaded nolo contendere.

As to the sentence, it was error to impose the vague condition of probation that he have no contact with anyone under age eighteen. Graham v. State, 658 So.2d 642 (Fla. 5th DCA 1995); Lambert v. State, 635 So.2d 1056 (Fla. 4th DCA 1994).

Conviction AFFIRMED, case REMANDED for correction of judgment and deletion of special condition of probation.

PETERSON, C.J., and ANTOON, J., concur.


Summaries of

Bower v. State

District Court of Appeal of Florida, Fifth District
Jul 1, 1996
675 So. 2d 957 (Fla. Dist. Ct. App. 1996)
Case details for

Bower v. State

Case Details

Full title:ROBERT BOWER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Jul 1, 1996

Citations

675 So. 2d 957 (Fla. Dist. Ct. App. 1996)