Legal Opinion

Priest v. State

District Court of Appeal of Florida

Decided October 29, 1993No. 92-02546Published

1Opinion of the Court

RYDER, Judge.

Timothy Lewis Priest challenges a condition of his probation that he obtain his Graduate Equivalency Diploma (GED). Our decision in Colburn v. State, 510 So.2d 652 (Fla. 2d DCA 1987) requires that we strike this condition. In Biller v. State, 618 So.2d 734 (Fla.1993), the Florida Supreme Court quoted from Rodriguez v. State, 378 So.2d 7, 9 (Fla. 2d DCA 1979), which held that a condition of probation is invalid if it (1) has no relation to the crime, (2) relates to conduct which is not in itself criminal, and (3) requires or forbids conduct not reasonably related to future…

2Cases cited3 opinions

  1. Biller v. StateSupreme Court of Florida · 1993
  2. Rodriguez v. StateDistrict Court of Appeal of Florida · 1979
  3. Colburn v. StateDistrict Court of Appeal of Florida · 1987

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