EDWARD G. MCDONALD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We affirm the appellant’s conviction and term of probation imposed upon his entry of a plea of nolo contendere to a charged violation of section 800.04, Florida Statutes (1991). The arguments the appellant presents about the voluntariness of his plea and the trial court’s denial of his motion to withdraw his plea are without merit. We do agree, however, with the argument that certain probation conditions were improperly imposed.
Accordingly, we strike probation condition 25 because it does not accurately reflect the special condition regarding contact with children agreed to and orally imposed at the appellant’s sentencing hearing. Hart v. State, 651 So. 2d 112 (Fla. 2d DCA 1995). The condition imposed at the sentencing hearing controls. We also strike probation condition 3 which deals with weapons and firearms possession because it was not orally pronounced at sentencing at all. George v. State, 624 So. 2d 824 (Fla. 2d DCA 1993).
DANAHY, A.C.J., and PARKER and BLUE, JJ., concur.
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Barron v. State, 990 So. 2d 1098 (Fla. 3d DCA 2007)…inally responsible for the crime as a principal. In support of his argument, the defendant and the dissent rely upon three cases decided by the Second District Court of Appeal, Giniebra v. State, 787 So. 2d 51 (Fla. 2d DCA 2001), Hedgeman v. State, 661 So. 2d 87 (Fla. 2d DCA 1995), and Collins v. State, 438 So. 2d 1036 (Fla. 2d DCA 1983). None of these cases, however, addresses the issue presented in this case, and, therefore, do not apply. In the instant case, the State argued that the attempted murder of…1 / 2
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Randall v. State, 264 So. 3d 968 (Fla. 4th DCA 2019)…, and the victim swung at Randall. He told the police that he hit the victim only after the victim swung at him. The victim also swung at Taz, which is when Taz pulled his knife and cut the victim. This case is similar to Hedgeman v. State, 661 So. 2d 87 (Fla. 2d DCA 1995). There, the victim owed Hedgeman ten dollars. Id. at 88. There had been two altercations between the victim and Hedgeman involving this debt in which Hedgeman, Daniel White, and another person were involved. Id. On the ni…
Authorities Cited
- Hart v. State, 651 So. 2d 112 (Fla. 2d DCA 1995)
- George v. State, 624 So. 2d 824 (Fla. 2d DCA 1993)
- Holmes v. State Farm Mut. Auto. Ins. Co., 624 So. 2d 824 (Fla. 2d DCA 1993)