5D04-1091 Jeffrey Jones v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D04-1091

Case Date: 01/03/2005

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2004

JEFFREY JONES, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed January 7, 2005 Appeal from the Circuit Court for Brevard County, Warren Burk, Judge. James S. Purdy, Public Defender, and Brynn Newton, Assistant Public Defender, Daytona Beach, for Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee. Case No. 5D04-1091

PER CURIAM. Appellant pled guilty to two counts of possession of a controlled substance and one count each of trespass, driving while license suspended and grand theft. He was adjudicated guilty and placed on probation for three years. The only issue on appeal is the propriety of imposing, over defense objection, special probation conditions prohibiting Appellant from using alcohol or entering bars. We agree with Appellant that

the record fails to show the requisite connection between these conditions and the crimes of which Appellant was convicted. MacIntyre v. State, 625 So. 2d 118 (Fla. 5th DCA 1993); Grate v. State, 623 So. 2d 591 (Fla. 5th DCA 1993). Special Conditions (b) and (j) are stricken. In all other respects, the judgment is affirmed. PLEUS, MONACO and TORPY, JJ., concur.

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