REGGIE FARRIOR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1998-01-09
No. 96-03430
PATTERSON and ALTENBERND, JJ., concur.
707 So. 2d 777 Florida District Court of Appeal, Second District (1998) Positive Treatment
Cited by 8 cases

Opinion of the Court
FRANK, Acting Chief Judge.

FRANK, Acting Chief Judge.

Reggie Farrior appeals from his judgment and sentence for handling and fondling a child under sixteen years of age. We affirm the judgment and sentence, but strike that portion of probation condition (12) requiring Farrior to pay for drug testing because it was not pronounced orally at sentencing. See Tremaine v. State, 698 So. 2d 1385 (Fla. 2d DCA 1997). We do not strike probation condition (4) because it did not require oral pronouncement. See Houston v. State, 701 So. 2d 372 (Fla. 2d DCA 1997).

PATTERSON and ALTENBERND, JJ., concur.


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Cited By

  • Terranton Hunt v. State, 769 So. 2d 1109 (Fla. 2d DCA 2000)
    …ry elements, not evidence produced at trial). On that basis, we reverse Hunt’s conviction for leaving the scene of an accident involving injury. This court’s decisions in Williams v. State, 732 So. 2d 431 (Fla. 2d DCA 1999), and Waldecker v. State, 707 So. 2d 777 (Fla. 2d DCA 1998), support this conclusion. Although those cases do not address a vehicular homicide/leaving the scene of an accident involving death conviction, then-analysis of multiple convictions for leaving the scene of an accident is relevant…
  • Williams v. State, 732 So. 2d 431 (Fla. 2d DCA 1999)
    …e of an accident resulting in injury constitutes double jeopardy. This court has held that it violates double jeopardy to convict a person for two counts of leaving the scene of an accident resulting in injury to two persons. See Waldecker v. State, 707 So. 2d 777 (Fla.2nd DCA 1998); see also Hoag v. State, 511 So. 2d 401 (Fla. 5th DCA 1987). Thus, if the little girl had survived in this case, there could be but one conviction. In light of the reasoning in Dumas establishing that the injury/death distinction…
  • Haag v. State, 67 So. 3d 351 (Fla. 2d DCA 2011)
    …2d at 1111; see also Williams v. State, 732 So. 2d 431, 432-33 (Fla. 2d DCA 1999) (determining that only one conviction for leaving the scene of an accident could stand because the defendant left the scene of only one accident); Waldecker v. State, 707 So. 2d 777, 778 (Fla. 2d DCA 1998) (same). This court stated in Hunt that “[sjection 782.071 subsumes the requirement found in section 316.027 that the motorist stop and comply with the requirements of section 316.062, Florida Statutes (1997).” 769 So. 2d at 1…

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