JAMES WASHINGTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JAMES WASHINGTON, APPELLANT,
STATE OF FLORIDA, APPELLEE
529 So. 2d 356
Florida District Court of Appeal, Fourth District (1988)
Caution
Cited by 6 cases
Opinion of the Court
PER CURIAM.
We reverse to the extent that we direct the trial court to omit as a condition of probation the provision that appellant submit to testing and other procedures concerning the appellant’s alleged paternity of a child. The appellant’s alleged paternity is completely unrelated to the offense for which he was convicted, and we do not believe the paternity proceedings can be ordered as an incident of the statutory directive that appellant be directed to support his legal dependents. Cf. Wiggins v. State, 386 So. 2d 46 (Fla. 4th DCA 1980).
ANSTEAD, LETTS and WALDEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Ihovany Rodriguez, 640 So. 2d 206 (Fla. 4th DCA 1994)…faith files a traverse, places in issue the defendant’s interpretation of the facts, and asserts that there are additional material facts that were omitted from the motion. See State v. Pizzagalli, 581 So. 2d 650 (Fla. 4th DCA 1991); State v. Kagan, 529 So. 2d 356 (Fla. 4th DCA), rev. denied, 587 So. 2d 569 (Fla.1988). Although admittedly not “fleshed out,” the state’s traverse did sufficiently place the material facts in issue. See State v. Weinstein, 623 So. 2d 835 (Fla. 4th DCA 1993); State v. Gale, 575 So…
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State v. Davis, 890 So. 2d 1242 (Fla. 4th DCA 2005)…leven months was part of common scheme or plan). The state also suggests that the motion was legally deficient because it recited the victim’s deposition testimony, which could not be within the personal knowledge of Davis. It cites State v. Kagan, 529 So. 2d 356, 357 (Fla. 4th DCA 1988), for the proposition that a motion to dismiss is insufficient where it “parrot[s] what another said on deposition, and [is] not an unqualified recitation of facts within the defendant’s personal knowledge ...” The state read…
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State v. Knox, 557 So. 2d 127 (Fla. 3d DCA 1990)…denied, 503 So. 2d 328 (Fla.1987); see McArthur v. State, 351 So. 2d 972, 976 (Fla.1977); Paz v. State, 480 So. 2d 701 (Fla. 3d DCA 1985). We further reject the state’s procedural arguments. 1. The motion to dismiss did not, as in State v. Kagan, 529 So. 2d 356 (Fla. 4th DCA), rev. denied, 537 So. 2d 569 (Fla.1988), merely parrot the testimony of a witness’ deposition; it alleged its own material undisputed facts. 2. The filing of the state’s traverse did not require a denial of the motion to dismiss becau…
Authorities Cited
- Wiggins v. State, 386 So. 2d 46 (Fla. 4th DCA 1980)