EDWARD W. MICHALOW, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
EDWARD W. MICHALOW, APPELLANT,
STATE OF FLORIDA, APPELLEE
362 So. 2d 456
Florida District Court of Appeal, Fourth District (1978)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
As a condition of probation the appellant was directed to “rectify” his marital situation and to make his child “legitimate” within one year. The appellant contends that this condition is improper and is tantamount to an order that he get married, and specifically, that he marry the mother of his child. We agree that such a provision is beyond the trial court’s authority. Accordingly, Condition No. 11 of the order of probation is hereby stricken. We find no merit in the other points raised by appellant and the order of probation is hereby affirmed as modified.
AFFIRMED AS MODIFIED.
ANSTEAD and DAUKSCH, JJ., and BASKIN, NATALIE, Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Rodriguez v. State, 378 So. 2d 7 (Fla. 2d DCA 1979)…e probationer from living with any female relative. Mays v. State, 349 So. 2d 792 (Fla.2d DCA 1977). One of our sister courts has held a condition of probation that the probationer marry to be “beyond the trial court’s authority.” Michalow v. State, 362 So. 2d 456 (Fla.4th DCA 1978). The Florida Supreme Court has noted that a trial court may impose any valid condition of probation which serves a useful rehabilitative purpose. Hines v. State, 358 So. 2d 183, 185 (Fla.1978). Trial courts have broad discretion t…
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Wiggins v. State, 386 So. 2d 46 (Fla. 4th DCA 1980)…of the opposite sex as overbroad. Similarly, this court held a probation condition directing probationer to “rectify” his marital situation and make his child “legitimate” within one year to be beyond the trial court’s authority. Michalow v. State, 362 So. 2d 456 (Fla. 4th DCA 1978). More [*48] on point, the Second District recently invalidated probation conditions prohibiting pregnancy and marriage without the trial court’s consent because they did not clearly relate to probationer’s underlying charge of ch…
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Miller v. State, 520 So. 2d 80 (Fla. 1st DCA 1988)…e, 388 So. 2d 1322 (Fla. 5th DCA 1980); Wiggins v. State, 386 So. 2d 46 (Fla. 4th DCA 1980); Mays v. State, 349 So. 2d 792 (Fla. 2d DCA 1977). Requiring a probationer to marry the mother of his child has also been disapproved. See Michalow v. State, 362 So. 2d 456 (Fla. 4th DCA 1978). . Section 798.01 prohibits living "in an open state of adultery." Section 798.02 prohibits a man and woman not married to each other from "lewdly and lasciviously” associating and cohabiting together.…