Florida District Courts of Appeal, 2005

Melvin v. State

Melvin v. State
Florida District Courts of Appeal · Decided December 2, 2005 · Orfinger, Peterson, Sharp
915 So. 2d 251; 2005 Fla. App. LEXIS 18873; 2005 WL 3234450 (Southern Reporter, Second Series)

Melvin v. State

Opinion of the Court

PETERSON, J.

Mark Melvin appeals the imposition of a condition of his probation that permits the Department of Corrections, (“DOC”), to recommend electronic monitoring pursuant to section 948.30(2)(e), Florida Statutes (2005). We affirm Melvin’s sentence without prejudice to his ability to challenge that condition when he is about to begin probation after serving his period of incarceration if DOC requests and the trial court requires monitoring. See § 948.30(2)(e), Fla. Stat. (2005); State v. Beasley, 580 So.2d 139 (Fla. 1991).

AFFIRMED WITHOUT PREJUDICE.

SHARP, W., and ORFINGER, JJ., concur.

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