Legal Opinion

Howard v. State

District Court of Appeal of Florida

Decided July 18, 1997No. 95-03623PublishedCited by 1 opinion

1Per curiam

Randall Scott Howard appeals the judgment adjudicating him guilty of three counts of handling or fondling a child under sixteen in a lewd, lascivious, or indecent manner. We affirm the judgment and sentences without comment. The state concedes that two conditions of probation must be stricken.

Howard’s probation order includes a special condition requiring him to undergo a drug/alcohol evaluation and to seek treatment if it is deemed necessary. This special condition was not orally pronounced; therefore, it must be stricken. Nank v. State, 646 So.2d 762 (Fla. 2d DCA 1994). The probation order…

2Cases cited3 opinions

  1. Nank v. StateDistrict Court of Appeal of Florida · 1994
  2. McDaniels v. StateDistrict Court of Appeal of Florida · 1996
  3. Johns v. StateDistrict Court of Appeal of Florida · 1991

3Cited by1 opinion

  1. American Tobacco Co. v. StateDistrict Court of Appeal of Florida · 1997

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