Legal Opinion

Brown v. State

District Court of Appeal of Florida

Decided September 18, 1996No. 95-3311PublishedCited by 1 opinion

1Per curiam

We affirm both conditions of probation except for that portion of condition eleven (11) that requires random alcohol testing, which we reverse and remand with direction to strike same.

This requirement fails to be reasonably related to the rehabilitation of appellant, bears no relationship to the crime for which appellant was convicted, and relates to conduct that is otherwise legal. See Biller v. State, 618 So.2d 734 (Fla.1993); Fernandez v. State, 677 So.2d 332 (Fla. 4th DCA 1996).

GLICKSTEIN, WARNER and GROSS, JJ., concur.

2Cases cited2 opinions

  1. Biller v. StateSupreme Court of Florida · 1993
  2. Fernandez v. StateDistrict Court of Appeal of Florida · 1996

3Cited by1 opinion

  1. Commonwealth v. GomesMassachusetts Appeals Court · 2009