Pagan v. State
This text of 637 So. 2d 959 (Pagan 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.
Opinion
Bryan K. PAGAN, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, Second District.
*960 James Marion Moorman, Public Defender, and Allyn Giambalvo, Asst. Public Defender, Clearwater, for appellant.
Robert A. Butterworth, Atty. Gen., and Michele Taylor, Asst. Atty. Gen., Tampa, for appellee.
FULMER, Judge.
The defendant appeals his conviction and sentence for manslaughter. We affirm the conviction, but reverse for correction of the written order of probation.
Special probation condition # 4, which implies that the defendant may possess a firearm with his probation officer's permission, must be stricken because, as a convicted felon, the defendant may not lawfully possess a firearm. Mercer v. State, 604 So.2d 843 (Fla. 2d DCA 1992).
Special probation condition # 6, relating to the defendant's use of intoxicants, must also be stricken because the trial court did not orally pronounce it in open court. Carter v. State, 606 So.2d 680 (Fla. 2d DCA 1992).
Reversed and remanded with directions to strike conditions # 4 and # 6 from the probation order.
HALL, A.C.J., and BLUE, J., concur.
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637 So. 2d 959, 1994 WL 236299, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pagan-v-state-fladistctapp-1994.