History
  • No items yet
midpage
Swatzell v. State
691 So. 2d 594
| Fla. Dist. Ct. App. | 1997
|
Check Treatment
691 So. 2d 594 (1997)

Michael SWATZELL, Appellant,
v.
The STATE of Florida, Appellee.

No. 96-1854.

District Court of Appeal of Florida, Third District.

April 16, 1997.

*595 Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, for appellee.

Before LEVY, GREEN and SHEVIN, JJ.

CONFESSION OF ERROR

PER CURIAM.

Michael Swatzell appeals his sentence asserting error in a special condition of probation imposed by the trial court. Based on the state's proper confession of error, we strike the following special condition of probation: that defendant have no contact with anyone under 18 years of age unless supervised by someone over the age of 25. This condition is impermissibly broad because the possibility of unintentional violation exists. See Rowles v. State, 682 So. 2d 1184 (Fla. 5th DCA 1996); Oliver v. State, 672 So. 2d 105 (Fla. 4th DCA 1996); Graham v. State, 658 So. 2d 642 (Fla. 5th DCA 1995). We, therefore, strike the condition and remand the case to the trial court to rephrase the condition in a manner that minimizes the potential for inadvertent violations.

Reversed and remanded.

Case Details

Case Name: Swatzell v. State
Court Name: District Court of Appeal of Florida
Date Published: Apr 16, 1997
Citation: 691 So. 2d 594
Docket Number: 96-1854
Court Abbreviation: Fla. Dist. Ct. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.