Weidmann v. State

Appellant was convicted of sexual battery of and committing a lewd and lascivious act upon a child under the age of *1252sixteen over whom he had familial authority. He challenges the trial court’s modification of his probation that imposes a special condition which precludes him from living within a three-quarter’s mile radius of any school for minors. Pursuant to the supreme court’s recent decision in Clark v. State, 579 So.2d 109 (Fla.1991), in which it was held that a trial court may not enhance probation unless a violation of probation has been formally charged and the probationer has been…