Fair v. State

District Court of Appeal of Florida

Fair v. State

635 So. 2d 156, 1994 Fla. App. LEXIS 3704, 1994 WL 141251

CourtDistrict Court of Appeal of Florida

DecidedApril 22, 1994

DocketNo. 92-02436

StatusPublished

This text of 635 So. 2d 156 (Fair 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

Fair v. State, 635 So. 2d 156, 1994 Fla. App. LEXIS 3704, 1994 WL 141251 (Fla. Ct. App. 1994).

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Opinion

HALL, Acting Chief Judge.

The appellant, Carol Denise Fair, challenges her judgment and sentence for second-degree murder with a firearm. Though Fair raises two issues on this appeal, we find merit only in her contention that the trial court erred in imposing a special condition of probation upon her, which is unrelated to her offense. We, therefore, strike Condition (6), relating to the use of intoxicants. See Tillman v. State, 592 So.2d 767 (Fla. 2d DCA 1992); Smith v. State, 589 So.2d 428 (Fla. 2d DCA 1991), and cases cited therein. Fair’s conviction and sentence are, otherwise, affirmed.

Accordingly, the instant cause is reversed and remanded for correction of the written probation order only.

ALTENBERND and BLUE, JJ., concur.

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HALL, Acting Chief Judge.

The appellant, Carol Denise Fair, challenges her judgment and sentence for second-degree murder with a firearm. Though Fair raises two issues on this appeal, we find merit only in her contention that the trial court erred in imposing a special condition of probation upon her, which is unrelated to her offense. We, therefore, strike Condition (6), relating to the use of intoxicants. See Tillman v. State, 592 So.2d 767 (Fla. 2d DCA 1992); Smith v. State, 589 So.2d 428 (Fla. 2d DCA 1991), and cases cited therein. Fair’s conviction and sentence are, otherwise, affirmed.

Accordingly, the instant cause is reversed and remanded for correction of the written probation order only.

ALTENBERND and BLUE, JJ., concur.

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Bluebook (online)

635 So. 2d 156, 1994 Fla. App. LEXIS 3704, 1994 WL 141251, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fair-v-state-fladistctapp-1994.

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