JAMES DANIEL BURCHELL, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Howland v. State, 420 So. 2d 918 (Fla. 1st DCA 1982)
  …uez, supra. Based on the above findings, we hold that the condition of probation prohibiting appellant from fathering a child is invalid and therefore vacate that condition from the conditions placed on appellant’s probation. See, Burchell v. State, 419 So. 2d 358 (Fla. 2d DCA 1982). Concerning the legality of appellant’s sentence, appellant contends and the State concedes that the sentence is illegal. The maximum term of imprisonment for appellant’s crime is five years. See, section 775.082(3)(d), Fla.Stat.…
• Williams v. State, 505 So. 2d 478 (Fla. 2d DCA 1987)
  …1979),] we held that certain special conditions of probation which prohibited marriage and pregnancy violated fundamental constitutional rights of the probationer, and we instructed the trial court to strike those conditions. See Burchell v. State, 419 So. 2d 358 (Fla. 2d DCA 1982). Likewise, in Mays v. State, 349 So. 2d 792 (Fla. 2d DCA 1977), we found that a condition stipulating that a probationer not live with a person of the opposite sex was unconstitutionally overbroad because it prevented the probatio…
• State v. Russell, 814 So. 2d 483 (Fla. 5th DCA 2002)
  …t there is a societal recognition that such an expectation is reasonable in the visitor’s reception area of a prison during visitation. See State v. Smith, 641 So. 2d 849 (Fla.1994) (persons sitting in the back of a patrol car); Pires v. Wainwright, 419 So. 2d 358 (Fla. 1st DCA 1982) (wiretap of conversation between prison in correctional facility and outside callee); Stout (wiretap of conversation between suspect and victim of sexual battery wherein victim called suspect at his home). REVERSED and REMANDED;…