Legal Opinion · Concurring in part, dissenting in part

Stefano v. State

District Court of Appeal of Florida

Decided November 28, 1979No. Nos. 78-927, 78-938Published

1Concurring in part, dissenting in partAnstead, Judge

The appellants also claim that a special condition of their probation stating: “(9) You will live honorably at all times” is unconstitutionally vague and should be stricken. I agree. A probationer should be put on reasonable notice of any conduct prohibited during his term of probation. Almond v. State, 350 So.2d 811 (Fla. 4th DC A 1977); Morgan v. Foster, 208 Ga. 630, 68 S.E.2d 583 (1952). While I am in full agreement that everyone, generally, and probationers, in particular, should conduct themselves honorably, I believe that such a requirement is too broad and ambiguous to establish a…

2Cases cited2 opinions

  1. Morgan v. FosterSupreme Court of Georgia · 1952
  2. Rucker v. StateDistrict Court of Appeal of Florida · 1977

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