Horton v. State

We have for review Horton v. State, 684 So.2d 257 (Fla. 3d DCA 1996), based on conflict with Francois v. State, 695 So.2d 695 (Fla.1997). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

Larry Horton pled guilty to a lewd and lascivious act in violation of section 800.04, Florida Statutes (1985). At the sentencing hearing on March 27, 1986, the judge withheld adjudication and placed Horton on two years of community control to be followed by five years’ probation with the special condition of seventeen days in jail with credit for time served. On July 13, 1988, Horton was arrested in…