Ashrafi v. State

District Court of Appeal of Florida

Ashrafi v. State

534 So. 2d 886, 13 Fla. L. Weekly 2646, 1988 Fla. App. LEXIS 5363, 1988 WL 129085

CourtDistrict Court of Appeal of Florida

DecidedDecember 7, 1988

DocketNo. 87-3267

StatusPublished

Cited by3 cases

This text of 534 So. 2d 886 (Ashrafi v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ashrafi v. State, 534 So. 2d 886, 13 Fla. L. Weekly 2646, 1988 Fla. App. LEXIS 5363, 1988 WL 129085 (Fla. Ct. App. 1988).

Pincite

Opinion

PER CURIAM.

Defendant appeals the revocation of his community control and sentence of three and a half years in prison for failure to re-enroll in a psychological therapy program for sex offenders. Defendant’s community control officer instructed him to re-enroll in a program after he was dropped for absenteeism. Our review of the record, particularly the order of community control, shows that enrollment in such a program was not made an express condition of the community control by the trial court.

Accordingly, this matter is reversed on the authority of Morales v. State, 518 So.2d 964 (Fla. 3d DCA 1988), Hutchinson v. State, 428 So.2d 739 (Fla. 2d DCA 1983) and Holterhaus v. State, 417 So.2d 291 (Fla. 2d DCA 1982). We remand this matter to the trial court with instructions to restore defendant to his original term of community control.

REVERSED and REMANDED.

DELL and GUNTHER, JJ., concur. STONE, J., dissents without opinion.

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