Flynn v. State

District Court of Appeal of Florida

Flynn v. State

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

District Court of Appeal of Florida·Decided July 21, 1999·No. No. 97-04097·Published

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.

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

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Opinion

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