Florida District Courts of Appeal, 2016

Dunn v. State

Dunn v. State
Florida District Courts of Appeal · Decided February 12, 2016 · Lambert, Lawson, Torpy
185 So. 3d 694; 2016 Fla. App. LEXIS 1971; 2016 WL 542849 (Southern Reporter, Third Series)

Dunn v. State

Opinion of the Court

PER CURIAM.

After' conducting a hearing, the lower court concluded that Appellant violated three conditions of his probation. He only-challenges the sufficiency of the evidence supporting the Condition 5 violation. We affirm. See Bell v. State, 179 So.3d 349 (Fla. 5th DCA 2015). We acknowledge conflict with Queior v. State, 157 So.3d 370 (Fla. 2d DCA), review granted, 171 So.3d 120 (Fla. 2015).

Appellant also challenges the imposition of Condition 30 in the probation1 order. Appellee correctly concedes error on this point. Witchard v. State, 68 So.3d 407, 410 (Fla. 4th DCA 2011). Accordingly, we strike Condition 30 from the probation order.

AFFIRMED; CONDITION 30 STRICKEN.

LAWSON, C.J., TORPY.and LAMBERT, JJ., concur.

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