Legal Opinion

Kelly v. State

District Court of Appeal of Florida

Decided June 3, 2009No. 1D08-2966Published

1Opinion of the CourtBrowning, J.

Jamal Kelly (Appellant) appeals the trial court’s decision to revoke his sex-offender probation without making a finding, pursuant to section 948.30(l)(g), Florida Statutes (2006), that the obscene materials, which Appellant was found to have viewed, “are relevant to the offender’s deviant behavior pattern.” Appellant’s sole ground for relief is Kasischke v. State, 991 So.2d 803 (Fla.2008), which was issued six weeks af*128ter Appellant’s revocation hearing. Concluding that the trial court’s failure to make a determination as to whether the materials are relevant to Appellant’s deviant behavior…

2Cases cited10 opinions

  1. Castor v. StateSupreme Court of Florida · 1978
  2. Jackson v. StateSupreme Court of Florida · 2008
  3. F.B. v. StateSupreme Court of Florida · 2003
  4. Bernhardt v. StateSupreme Court of Florida · 1974
  5. Kasischke v. StateSupreme Court of Florida · 2008

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