Forsythe v. State

Full title: RICHARD JAMES FORSYTHE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Apr 22, 1992

597 So. 2d 423 (Fla. Dist. Ct. App. 1992)

Opinion

No. 91-02050.

April 22, 1992.

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

James Marion Moorman, Public Defender, and David A. Snyder, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Elaine L. Thompson, Asst. Atty. Gen., Tampa, for appellee.

PATTERSON, Judge.

We affirm the appellant's conviction for a lewd and lascivious act, but strike certain conditions of probation. The appellant challenged conditions of probation 6, 11, 16, 18, 21, and 22. As in Tillman v. State, 592 So.2d 767 (Fla. 2d DCA 1992), none of the conditions were pronounced in open court, and the written order should be conformed to delete them, with the exception of condition 18 for random drug screening. See § 948.03(1)(j), Fla. Stat. (1989).

SCHOONOVER, C.J., and HALL, J., concur.