Legal Opinion

Brockley v. State

District Court of Appeal of Florida

Decided June 27, 1997No. 95-4430Published

1Per curiam

The defendant, Rodney Brockley, appeals his convictions for lewd assault and first degree burglary with assault or battery. We affirm his convictions without comment, but we are compelled to strike one condition of probation.

Condition thirteen requires the defendant to “waive extradition should a violation of supervision occur.” We strike this condition because it is a special condition which was not orally pronounced. See McDaniels v. State, 679 So.2d 840 (Fla. 2d DCA 1996). The defendant asserts that conditions four and twelve must also be stricken for the same reason. We disagree.…

2Cases cited2 opinions

  1. State v. HartSupreme Court of Florida · 1996
  2. McDaniels v. StateDistrict Court of Appeal of Florida · 1996

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