Florida District Courts of Appeal, 1981

Jenkins v. State

Florida District Courts of Appeal · Decided April 15, 1981 · Beranek, Hersey, Hurley

396 So. 2d 1185; 1981 Fla. App. LEXIS 19225 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Vanderslice v. Vanderslice (Fla. Dist. Ct. App. 1981)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

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.

Dissenting Opinion

BERANEK, Judge,

dissenting:

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).

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