RICHARD LAMERTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the defendant's convictions but reversed the probation order, remanding for a new order because a condition was improperly broad.
The defendant was convicted of child sexual performance and possession of child pornography. His probation order included a condition prohibiting cont…
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Richard Lamerton (defendant) appeals his convictions and sentences entered by the trial court on one count of use of a child in a sexual performance and five counts of possession of child pornography. Finding no reversible error with regard to his convictions, we affirm them. However, remand is necessary for entry of a new probation order.
The defendant’s probation order included a condition that he have no contact with anyone under age 18 (condition 26). This condition is improperly broad. See Rowles v. State, 682 So.2d 1184 (Fla. 5th DCA 1996) (holding condition prohibiting contact with females under 16, without parent present, improperly broad).1
Accordingly, we reverse the instant probation order and remand for the trial court to enter a new probation order.
AFFIRMED in part, REVERSED in part, and REMANDED.
ORFINGER, C.J., and EVANDER, J„ concur.
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Stapler v. State, 190 So. 3d 162 (Fla. 5th DCA 2016)…he conditions of his probation as improperly broad. We have previously held that conditions forbidding contact with minors are overly broad because they subject,offenders to possible punishment for innocent or inadvertent conduct. Lamerton v. State, 78 So. 3d 686, 686 (Fla. 5th DCA 2012); Rowles v. State, 682 So. 2d 1184, 1184-85 (Fla. 5th DCA 1996). On remand, the trial court should modify this condition of probation to prohibit only intentional contact with minors without prior court approval.3 [*166] AFFI…
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Williams v. State (Fla. 5th DCA 2020)
Authorities Cited
- Rowles v. State, 682 So. 2d 1184 (Fla. 5th DCA 1996)