Melvin v. State

District Court of Appeal of Florida

Melvin v. State

915 So. 2d 251, 2005 Fla. App. LEXIS 18873, 2005 WL 3234450

District Court of Appeal of Florida·Decided December 2, 2005·No. No. 5D04-3371·Published·Cited by 1 cases

Opinion

PETERSON, J.

Mark Melvin appeals the imposition of a condition of his probation that permits the Department of Corrections, (“DOC”), to recommend electronic monitoring pursuant to section 948.30(2)(e), Florida Statutes (2005). We affirm Melvin’s sentence without prejudice to his ability to challenge that condition when he is about to begin probation after serving his period of incarceration if DOC requests and the trial court requires monitoring. See § 948.30(2)(e), Fla. Stat. (2005); State v. Beasley, 580 So.2d 139 (Fla.1991).

AFFIRMED WITHOUT PREJUDICE.

SHARP, W., and ORFINGER, JJ., concur.

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PETERSON, J.

Mark Melvin appeals the imposition of a condition of his probation that permits the Department of Corrections, (“DOC”), to recommend electronic monitoring pursuant to section 948.30(2)(e), Florida Statutes (2005). We affirm Melvin’s sentence without prejudice to his ability to challenge that condition when he is about to begin probation after serving his period of incarceration if DOC requests and the trial court requires monitoring. See § 948.30(2)(e), Fla. Stat. (2005); State v. Beasley, 580 So.2d 139 (Fla.1991).

AFFIRMED WITHOUT PREJUDICE.

SHARP, W., and ORFINGER, JJ., concur.

Melvin v. State, 915 So. 2d 251, 2005 Fla. App. LEXIS 18873, 2005 WL 3234450 (Fla. Ct. App. 2005).

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