Legal Opinion

McClendon v. State

District Court of Appeal of Florida

Decided September 1, 1995No. 94-2571PublishedCited by 1 opinion

1Opinion of the Court

W. SHARP, Judge.

McClendon appeals from his sentence after being adjudicated guilty of two counts of grand theft. He was placed on five years probation for one count and one year for the other, to be served consecutively. On appeal, he challenges various written conditions of his probation. We affirm in part.

McClendon objects to the written special condition of his probation that he “totally abstain from the consumption of alcoholic beverages.” He argues it is invalid because it has no relationship to the crimes for which he was convicted; it relates to conduct which in itself is not criminal;…

2Cases cited19 opinions

  1. Biller v. StateSupreme Court of Florida · 1993
  2. Tibero v. StateDistrict Court of Appeal of Florida · 1994
  3. Malone v. StateDistrict Court of Appeal of Florida · 1995
  4. Olvey v. StateDistrict Court of Appeal of Florida · 1992
  5. Hart v. StateDistrict Court of Appeal of Florida · 1995

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3Cited by1 opinion

  1. Burdo v. StateDistrict Court of Appeal of Florida · 1996

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