RICHARD C. GODLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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RYDER, Acting Chief Judge.
Richard Godley challenges his conviction for aggravated battery on the grounds that the trial court gave the jury an erroneous instruction. We disagree, and affirm on this point without discussion.
Mr. Godley also challenges certain conditions of probation imposed. We strike condition seven, which requires that he refrain from excessive use of intoxicants, as it pertains to the use of alcohol. Alcohol use was not related to the crime for which God-ley was convicted, it is not in itself criminal, and it does not reasonably relate to future criminality. Biller v. State, 618 So. 2d 734 (Fla.1993); Rodriguez v. State, 378 So. 2d 7 (Fla. 2d DCA 1979). Condition eight requires Godley to work diligently at a lawful occupation. To the extent that it requires him to maintain employment, such factors as a downturn in the economy could prevent the completion of this condition. See Evans v. State, 608 So. 2d 90 (Fla. 1st DCA 1992). We, therefore, modify condition eight to require that Godley work diligently at a lawful occupation or actively seek employment.
Conviction affirmed, probation condition seven stricken, probation condition eight modified.
DANAHY and LAZZARA, JJ., concur.
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Washington v. State, 685 So. 2d 858 (Fla. 2d DCA 1996)…bationary conditions with the following exceptions. Condition six requiring Washington to “work faithfully at suitable employment” is modified to include the phrase “insofar as may be possible.” See § 948.03(l)(c), Fla.Stat. (1993); Godley v. State, 659 So. 2d 447 (Fla. 2d DCA 1995). Condition eight requiring Washington to submit to alcohol and controlled substance testing is modified to strike that portion which requires him to pay for such testing. See Nank v. State, 646 So. 2d 762, 764 (Fla. 2d DCA 1994).…
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Washington v. State, 686 So. 2d 733 (Fla. 2d DCA 1997)…ll work faithfully at suitable employment. You will report to your employer your supervision status.” We uphold that condition of probation but, on remand, order the trial court to insert the phrase “insofar as may be possible.” See Godley v. State, 659 So. 2d 447 (Fla. 2d DCA 1995); Bristol v. State, 667 So. 2d 486 (Fla. 2d DCA 1996). We strike those portions of probation conditions (8) and (20) requiring Washington to pay for testing and treatment for alcohol or controlled substances because they are speci…
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Gipson v. State, 670 So. 2d 1097 (Fla. 2d DCA 1996)…, such that oral pronouncement is unnecessary). Special condition 8 requiring Gip-son to work diligently at a lawful occupation, must be modified to require him to work diligently at a lawful occupation or actively seek employment, Godley v. State, 659 So. 2d 447 (Fla. 2d DCA 1995), or to require Gipson to “work faithfully at suitable employment to the best of his ability.” Martin v. State, 659 So. 2d 479, 480 (Fla. 2d DCA 1995). Finally, we strike special condition 12 regarding payment for drug testing beca…
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- Biller v. State, 618 So. 2d 734 (Fla. 1993)
- Rodriguez v. State, 378 So. 2d 7 (Fla. 2d DCA 1979)
- Evans v. State, 608 So. 2d 90 (Fla. 1st DCA 1992)