Florida District Courts of Appeal, 1996

Brown v. State

Brown v. State
Florida District Courts of Appeal · Decided September 18, 1996 · Glickstein, Gross, Warner
679 So. 2d 367; 1996 Fla. App. LEXIS 9798; 1996 WL 526215 (Southern Reporter, Second Series)

Brown v. State

Opinion of the Court

PER CURIAM.

We affirm both conditions of probation except for that portion of condition eleven (11) that requires random alcohol testing, which we reverse and remand with direction to strike same.

This requirement fails to be reasonably related to the rehabilitation of appellant, bears no relationship to the crime for which appellant was convicted, and relates to conduct that is otherwise legal. See Biller v. State, 618 So.2d 734 (Fla. 1993); Fernandez v. State, 677 So.2d 332 (Fla. 4th DCA 1996).

GLICKSTEIN, WARNER and GROSS, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.