From Casetext: Smarter Legal Research

Daniels v. State

District Court of Appeal of Florida, Second District
Aug 2, 1991
583 So. 2d 423 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-02534.

August 2, 1991.

Appeal from the Circuit Court, Hillsborough County, Harry Lee Coe, III, J.

James Marion Moorman, Public Defender, and Deborah K. Brueckheimer, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Ron Napolitano, Asst. Atty. Gen., Tampa, for appellee.


Mr. Daniels appeals his judgment and sentence for grand theft of a motor vehicle. We affirm his conviction and the imposition of costs, but reverse a portion of the conditions of his probation. The conditions relating to intoxicants and drugs are not reasonably related to the offense. Rodriguez v. State, 378 So.2d 7 (Fla. 2d DCA 1979). Cf. Williams v. State, 556 So.2d 480 (Fla. 2d DCA 1990) (conditions relating to this type of conduct are proper in a drug-related case). The record does not indicate that Mr. Daniels had a problem with substance abuse. Therefore, condition 6, prohibiting Mr. Daniels from using intoxicants to excess or visiting places serving intoxicants, drugs, or other substances, should be stricken in total. Condition 10, prohibiting Mr. Daniels from visiting restaurants or bars where alcohol is served should, likewise, be stricken in total. Condition 15, which also addresses the same activity as condition 6, should be stricken except for that portion prohibiting Mr. Daniels from using or possessing illegal narcotics, marijuana, or drugs.

Affirmed in part, and reversed and remanded in part for proceedings consistent herewith.

DANAHY, A.C.J., and LEHAN and ALTENBERND, JJ., concur.


Summaries of

Daniels v. State

District Court of Appeal of Florida, Second District
Aug 2, 1991
583 So. 2d 423 (Fla. Dist. Ct. App. 1991)
Case details for

Daniels v. State

Case Details

Full title:RICHARD DANIELS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Aug 2, 1991

Citations

583 So. 2d 423 (Fla. Dist. Ct. App. 1991)

Citing Cases

Wright v. State

The conditions of probation relating to the consumption of alcohol and which bar Wright from places where…

Stonebraker v. State

We affirm Stonebraker's convictions and sentence, including the imposition of a fine and restitution, but we…