Flynn v. State

District Court of Appeal of Florida

Flynn v. State

736 So. 2d 160, 1999 Fla. App. LEXIS 9693, 1999 WL 510668

CourtDistrict Court of Appeal of Florida

DecidedJuly 21, 1999

DocketNo. 97-04097

StatusPublished

This text of 736 So. 2d 160 (Flynn 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

Flynn v. State, 736 So. 2d 160, 1999 Fla. App. LEXIS 9693, 1999 WL 510668 (Fla. Ct. App. 1999).

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Opinion

CAMPBELL, Acting Chief Judge.

Appellant challenges his judgment and sentence for aggravated assault, kidnap-ing, and battery. We affirm his judgment and sentence without discussion. We conclude, however, that the trial court erred in imposing a special condition of probation which attempts to prohibit the Department of Corrections from exercising its authority to recommend early termination of Appellant’s probation. See Swedish v. State, 724 So.2d 640 (Fla. 2d DCA 1999); Baker v. State, 619 So.2d 411 (Fla. 2d DCA 1993). We, therefore, strike that special condition, and on remand, direct the trial court to delete the “No E/T” notation on the sentencing scoresheet.

FULMER and STRINGER, JJ., Concur.

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CAMPBELL, Acting Chief Judge.

Appellant challenges his judgment and sentence for aggravated assault, kidnap-ing, and battery. We affirm his judgment and sentence without discussion. We conclude, however, that the trial court erred in imposing a special condition of probation which attempts to prohibit the Department of Corrections from exercising its authority to recommend early termination of Appellant’s probation. See Swedish v. State, 724 So.2d 640 (Fla. 2d DCA 1999); Baker v. State, 619 So.2d 411 (Fla. 2d DCA 1993). We, therefore, strike that special condition, and on remand, direct the trial court to delete the “No E/T” notation on the sentencing scoresheet.

FULMER and STRINGER, JJ., Concur.

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736 So. 2d 160, 1999 Fla. App. LEXIS 9693, 1999 WL 510668, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flynn-v-state-fladistctapp-1999.

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