ROBERT BOWER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1996-05-03
No. 95-837
PETERSON, C.J., and ANTOON, J., concur.
675 So. 2d 957 Florida District Court of Appeal, Fifth District (1996) Positive Treatment
Cited by 20 cases
Opinion of the Court
DAUKSCH, Judge.

DAUKSCH, Judge.

This is an appeal from a judgment and sentence in a sexual assault case.

As to the conviction, the judgment should note that the appellant was convicted by 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.

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  • Holmes Reg'l Med. Ctr., Inc. v. Dumigan, 151 So. 3d 1282 (Fla. 5th DCA 2014)
    …in medical malpractice, courts must — on a case-by-case basis — examine the allegations in the complaint and accept them as true. S. Baptist Hosp. of Fla., Inc. v. Ashe, 948 So. 2d 889, 890 (Fla. 1st DCA 2007) (citing Foshee v. Health Mgmt. Assocs., 675 So. 2d 957, 959 (Fla. 5th DCA 1996)); see also Stackhouse v. Emerson, 611 So. 2d 1365, 1366 (Fla. 5th DCA 1993). And because the presuit requirements of the FMMA limit the constitutional right of access to courts, they must be narrowly construed. See Acosta v.…
  • Shands Teaching Hosp. & Clinics, Inc. v. The Est. OF Ashley Lawson, 175 So. 3d 327 (Fla. 1st DCA 2015)
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