Opinion
No. 80-484.
April 15, 1981.
Appeal from Circuit Court, Broward County; Stanton S. Kaplan, Judge.
Richard L. Jorandby, Public Defender, and Charles D. Peters, Asst. Public Defender, West Palm Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Mark Horn, Asst. Atty. Gen., West Palm Beach, for appellee.
We affirm the trial court's order denying defendant's motion to suppress, but remand the cause with instructions to delete probation condition # 9 which requires the probationer to "live honorably at all times." Norris v. State, 383 So.2d 691 (Fla. 4th DCA 1980).
HERSEY and HURLEY, JJ., concur.
BERANEK, J., dissents with opinion.
I respectfully dissent. I do not believe there is anything legally wrong with requiring a person placed on probation to live honorably. I see no reason to strike such a condition of probation in the abstract. It is my belief that we should recede from Norris v. State, 383 So.2d 691 (Fla. 4th DCA 1980).