BRUCE LAMBERT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1994-04-27
No. 92-2856
GLICKSTEIN, GUNTHER and FARMER, JJ., concur.
635 So. 2d 1056 Florida District Court of Appeal, Fourth District (1994) Positive Treatment
Cited by 8 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm appellant’s convictions and sentences, but we reverse a condition of probation that appellant have no contact with children under age 10. This was the only condition of probation appellant raised as error. We reverse this condition because it is too broad. The condition of probation must be more specific so that appellant cannot be charged with an unintentional violation of it. Lambert v. State, 635 So. 2d 93 (Fla. 4th DCA 1994); see Dean v. State, 629 So. 2d 1106 (Fla. 4th DCA 1994). AFFIRMED IN PART; REVERSED IN PART, AND REMANDED.

GLICKSTEIN, GUNTHER and FARMER, JJ., concur.


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  • Bower v. State, 675 So. 2d 957 (Fla. 5th DCA 1996)
    …a jury, not that he pleaded nolo contendere. As to the sentence, it was error to impose the vague condition of probation that he have no contact with anyone under age eighteen. Graham v. State, 658 So. 2d 642 (Fla. 5th DCA 1995); Lambert v. State, 635 So. 2d 1056 (Fla. 4th DCA 1994). Conviction AFFIRMED, case REMANDED for correction of judgment and deletion of special condition of probation. PETERSON, C.J., and ANTOON, J., concur.…
  • Calidonio v. State, 951 So. 2d 87 (Fla. 1st DCA 2007)
    …otion, as a condition of probation which prohibits any contact with a child under 18 years of age is impermissibly broad. See Graham v. State, 658 So. 2d 642 (Fla. 5th DCA 1995); Schultz v. State, 793 So. 2d 986 (Fla. 2d DCA 2001); Lambert v. State, 635 So. 2d 1056 (Fla. 4th DCA 1994). However, it is well settled that a trial court has no jurisdiction to rule on a rule 3.800(b) motion after 60 days and an order filed more than 60 days after the motion was filed is a nullity. Sessions v. State, 907 So. 2d 572,…
  • Oliver v. State, 672 So. 2d 105 (Fla. 4th DCA 1996)
    …that language in special condition 15 which explicitly prohibits appellant’s contact with minor children. The language of the condition must be more specific, so that appellant may not be charged with unintentional violation of it. Lambert v. State, 635 So. 2d 1056 (Fla. 4th DCA 1994); Lambert v. State, 635 So. 2d 93 (Fla. 4th DCA 1994); cf. Dean v. State, 629 So. 2d 1106 (Fla. 4th DCA 1994). We strike also the conditions imposed on appellant that he consume no alcoholic beverages, enter no establishment whos…

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