Gary v. State

District Court of Appeal of Florida

Gary v. State

111 So. 3d 993, 2013 WL 1859190, 2013 Fla. App. LEXIS 7286

CourtDistrict Court of Appeal of Florida

DecidedMay 6, 2013

DocketNo. 1D12-812

StatusPublished

This text of 111 So. 3d 993 (Gary 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

Gary v. State, 111 So. 3d 993, 2013 WL 1859190, 2013 Fla. App. LEXIS 7286 (Fla. Ct. App. 2013).

Pincite

Opinion

PER .CURIAM.

Bradford Keith Gary appeals from a judgment and sentence entered after revocation of his probation. For one count, the court ordered Gary to serve a new term of probation. As the State properly concedes, the trial court erred in ordering Gary to provide a DNA sample as a condition of probation pursuant to section 948.014(1), Florida Statutes (2011), because he does not meet the requirements of section 943.325(2)(g), Florida Statutes (2011). Accordingly, although we otherwise affirm, we reverse as to the erroneous condition of probation and remand with directions that the trial court strike that condition.

AFFIRMED in part; REVERSED in part; and REMANDED.

PADOVANO, ROWE, and RAY, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER .CURIAM.

Bradford Keith Gary appeals from a judgment and sentence entered after revocation of his probation. For one count, the court ordered Gary to serve a new term of probation. As the State properly concedes, the trial court erred in ordering Gary to provide a DNA sample as a condition of probation pursuant to section 948.014(1), Florida Statutes (2011), because he does not meet the requirements of section 943.325(2)(g), Florida Statutes (2011). Accordingly, although we otherwise affirm, we reverse as to the erroneous condition of probation and remand with directions that the trial court strike that condition.

AFFIRMED in part; REVERSED in part; and REMANDED.

PADOVANO, ROWE, and RAY, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

111 So. 3d 993, 2013 WL 1859190, 2013 Fla. App. LEXIS 7286, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gary-v-state-fladistctapp-2013.