Thomas v. State

Full title: RODNEY THOMAS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Sep 10, 1980

387 So. 2d 540 (Fla. Dist. Ct. App. 1980)

Opinion

No. 78-2566/T4-311.

September 10, 1980.

Appeal from the Circuit Court, Seminole County, Robert B. McGregor, J.

Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Asst. Public Defender, Chief, App. Division, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Evelyn D. Golden, Asst. Atty. Gen., Daytona Beach, for appellee.

DAUKSCH, Chief Judge.

In this appeal from a conviction for possession and sale of heroin, we affirm the judgment and sentence except that the requirement that appellant, while on probation, submit to a search by any law enforcement officer, is stricken from the sentence. The further condition that appellant submit to physical or chemical examinations "upon the request of . . . any law enforcement officer" is also stricken. Grubbs v. State, 373 So.2d 905 (Fla. 1979); Wood v. State, 378 So.2d 110 (Fla. 5th DCA 1980).

AFFIRMED AS MODIFIED.

ORFINGER and COBB, JJ., concur.