WILLIE BRUNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
WILLIE BRUNSON, APPELLANT,
STATE OF FLORIDA, APPELLEE
537 So. 2d 692
Florida District Court of Appeal, First District (1989)
Positive Treatment
Cited by 3 cases
Opinion of the Court
SMITH, Chief Judge.
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Medina v. State, 604 So. 2d 30 (Fla. 2d DCA 1992)…conditions of probation without orally announcing them. He objects to other conditions as being vague or improper. However, appellant failed to either object or file a motion to strike, and has waived these arguments on appeal. See Brunson v. State, 537 So. 2d 692 (Fla. 1st DCA 1989). We vacate appellant’s sentence and remand for proceedings consistent herewith. PARKER and BLUE, JJ., concur.…
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Myren Wayne Larson v. State, 553 So. 2d 226 (Fla. 1st DCA 1989)…the error of which appellant now complains was not appropriately preserved for appellate review. The defendant may not appeal conditions of his probation which he neither objected to nor filed a motion to strike or to correct. See Brunson v. State, 537 So. 2d 692 (Fla. 1st DCA 1989). Appellant additionally urges that that portion of the trial court’s probation order, containing the condition that appellant submit to mental health counseling as directed by his probation officer, constb tutes an unlawful dele…
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Boudreaux v. State, 553 So. 2d 376 (Fla. 1st DCA 1989)…t did not object to this condition does not preclude appellate review. Peterson v. State, 543 So. 2d 358 (Fla. 1st DCA 1989). However, because the appellant did fail to object, the remaining conditions are not preserved for review. Brunson v. State, 537 So. 2d 692 (Fla. 1st DCA 1989). Therefore, the remaining conditions are affirmed without prejudice to the appellant to file a motion under Rule 3.800, Fla.R. of Crim.P., in order to bring any error to the attention of the trial court. AFFIRMED in part; REVER…
Authorities Cited
- Myers v. State, 426 So. 2d 986 (Fla. 1st DCA 1983)
- Moye v. Bayou Grande Villa Ass'n, Inc., 461 So. 2d 229 (Fla. 1st DCA 1984)
- Nettie Walker v. State, 461 So. 2d 229 (Fla. 1st DCA 1984)