From Casetext: Smarter Legal Research

Brunson v. State

District Court of Appeal of Florida, First District
Jan 27, 1989
537 So. 2d 692 (Fla. Dist. Ct. App. 1989)

Opinion

No. 88-378.

January 27, 1989.

Appeal from the Circuit Court for Leon County, L. Ralph Smith, J.

Michael E. Allen, Public Defender, Phil Patterson, Asst. Public Defender, Tallahassee, for appellant.

Robert L. Butterworth, Atty. Gen., Carolyn J. Mosley, Asst. Atty. Gen., Tallahassee, for appellee.


The appellant appeals several of the conditions of his probation. The record reflects that the appellant neither objected to the conditions when they were imposed nor filed a motion to strike or correct the challenged conditions. These allegedly improper conditions should have been brought to the trial court's attention before appeal was taken. Walker v. State, 461 So.2d 229 (Fla. 1st DCA 1984); Myers v. State, 426 So.2d 986 (Fla. 1st DCA 1983). Accordingly, we affirm the order of probation without prejudice to the appellant to file a motion pursuant to Rule 3.800, Florida Rules of Criminal Procedure.

AFFIRMED.

ZEHMER and BARFIELD, JJ., concur.


Summaries of

Brunson v. State

District Court of Appeal of Florida, First District
Jan 27, 1989
537 So. 2d 692 (Fla. Dist. Ct. App. 1989)
Case details for

Brunson v. State

Case Details

Full title:WILLIE BRUNSON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Jan 27, 1989

Citations

537 So. 2d 692 (Fla. Dist. Ct. App. 1989)

Citing Cases

Medina v. State

Appellant also argues that the court erred by imposing certain special conditions of probation without orally…

Larson v. State

The defendant may not appeal conditions of his probation which he neither objected to nor filed a motion to…