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Florida District Courts of Appeal, 1996

Bower v. State

Bower v. State
Florida District Courts of Appeal · Decided May 3, 1996 · Antoon, Dauksch, Peterson
675 So. 2d 957; 1996 Fla. App. LEXIS 4702; 1996 WL 221463 (Southern Reporter, Second Series)

Bower v. State

Opinion of the Court

DAUKSCH, Judge.

This is an appeal from a judgment and sentence in a sexual assault case.

As to the conviction, the judgment should note that the appellant was convicted by a jury, not that he pleaded nolo contendere.

As to the sentence, it was error to impose the vague condition of probation that he have no contact with anyone under age eighteen. Graham v. State, 658 So.2d 642 (Fla. 5th DCA 1995); Lambert v. State, 635 So.2d 1056 (Fla. 4th DCA 1994).

Conviction AFFIRMED, case REMANDED for correction of judgment and deletion of special condition of probation.

PETERSON, C.J., and ANTOON, J., concur.

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