RICHARD DANIELS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Mr. Daniels appeals his judgment and sentence for grand theft of a motor vehicle. We affirm his conviction and the imposition of costs, but reverse a portion of the conditions of his probation. The conditions relating to intoxicants and drugs are not reasonably related to the offense. Rodriguez v. State, 378 So. 2d 7 (Fla. 2d DCA 1979). Cf. Williams v. State, 556 So. 2d 480 (Fla. 2d DCA 1990) (conditions relating to this type of conduct are proper in a drug-related case). The record does not indicate that Mr. Daniels had a problem with substance abuse. Therefore, condition 6, prohibiting Mr. Daniels from using intoxicants to excess or visiting places serving intoxicants, drugs, or other substances, should be stricken in total. Condition 10, prohibiting Mr. Daniels from visiting restaurants or bars where alcohol is served should, likewise, be stricken in total. Condition 15, which also addresses the same activity as condition 6, should be stricken except for that portion prohibiting Mr. Daniels from using or possessing illegal narcotics, marijuana, or drugs.
Affirmed in part, and reversed and remanded in part for proceedings consistent herewith.
DANAHY, A.C.J., and LEHAN and ALTENBERND, JJ., concur.
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Beckner v. State, 604 So. 2d 842 (Fla. 2d DCA 1992)…reasonable relation to the offenses for which he was convicted. Hence, we strike the probationary conditions restricting Beckner’s consumption of alcohol, and prohibiting the visitation of premises upon which alcohol is served. See Daniels v. State, 583 So. 2d 423 (Fla. 2d DCA 1991). Similarly, the probation order requires Beckner to obtain the consent of his probation officer to possess a firearm. As a convicted felon, Beck-ner has, at least for the present, forfeited his right to own and possess a firearm.…
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Sanchez v. State, 600 So. 2d 1256 (Fla. 2d DCA 1992)…from the guidelines upon resentenc-ing, if valid written reasons are given. The condition of probation relating to alcohol should be stricken because it is not reasonably related to the crimes for which Sanchez was convicted. See Daniels v. State, 583 So. 2d 423 (Fla.2d DCA 1991); Rodriguez v. State, 378 So. 2d 7 (Fla.2d DCA 1979). Appellant’s convictions are affirmed, but the sentence is reversed and the case is [*1258] remanded for resentencing and for further proceedings consistent with this opinion. A…
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Pope v. State, 598 So. 2d 309 (Fla. 2d DCA 1992)…, but we strike the conditions of probation pertaining to the consumption of alcohol, and barring him from premises upon which alcohol is served. These conditions do not reasonably relate to the crimes for which Pope was convicted. Daniels v. State, 583 So. 2d 423 (Fla. 2d DCA 1991). We also strike the attorney’s fee assessed pursuant to section 27.-56(l)(a), Florida Statutes (1989). Pope was not advised at sentencing of his right to contest the assessment. See Fla.R.Crim.P. 3.720(d)(1). In the event, on rema…
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- Rodriguez v. State, 378 So. 2d 7 (Fla. 2d DCA 1979)
- Kuldip Singh Mundi v. State, 556 So. 2d 480 (Fla. 3d DCA 1990)
- Williams v. State, 556 So. 2d 480 (Fla. 2d DCA 1990)