Silas v. State

District Court of Appeal of Florida

Silas v. State

208 So. 3d 1289, 2017 WL 539278, 2017 Fla. App. LEXIS 1778

CourtDistrict Court of Appeal of Florida

DecidedFebruary 10, 2017

DocketCASE NO. 1D15-3335

StatusPublished

Cited by1 cases

This text of 208 So. 3d 1289 (Silas 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

Silas v. State, 208 So. 3d 1289, 2017 WL 539278, 2017 Fla. App. LEXIS 1778 (Fla. Ct. App. 2017).

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Opinion

PER CURIAM.

Kwamane Quason Silas appeals from his judgment and sentence for attempted second-degree murder. He raises several arguments for reversal, only one of which has merit. Silas argues, and the State properly concedes, that the trial court improperly imposed a condition of probation requiring Silas to “obtain” a GED or high school diploma. See Taylor v. State, 185 So.3d 1281, 1281-82 (Fla. 1st DCA 2016); Aviles v. State, 165 So.3d 841, 843 (Fla. 1st DCA 2015); Rodriguez v. State, 768 So.2d 1234, 1236 (Fla. 5th DCA 2000), overruled on other grounds as stated in Mier v. State, 58 So.3d 319, 321 (Fla. 1st DCA 2011). We remand for the court to modify this condition to conform to the requirements of section 948.037(1), Florida Statutes (2014), which would require Silas to make a “good faith effort” to achieve such skills or diploma. We affirm Silas’s remaining arguments without further discussion. As the acts required by this opinion are ministerial in nature, Silas need not be present for the court to undertake them.

AFFIRMED in part; REVERSED in part; and REMANDED.

ROWE, RAY, and M.K. THOMAS, JJ., CONCUR.

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PER CURIAM.

Kwamane Quason Silas appeals from his judgment and sentence for attempted second-degree murder. He raises several arguments for reversal, only one of which has merit. Silas argues, and the State properly concedes, that the trial court improperly imposed a condition of probation requiring Silas to “obtain” a GED or high school diploma. See Taylor v. State, 185 So.3d 1281, 1281-82 (Fla. 1st DCA 2016); Aviles v. State, 165 So.3d 841, 843 (Fla. 1st DCA 2015); Rodriguez v. State, 768 So.2d 1234, 1236 (Fla. 5th DCA 2000), overruled on other grounds as stated in Mier v. State, 58 So.3d 319, 321 (Fla. 1st DCA 2011). We remand for the court to modify this condition to conform to the requirements of section 948.037(1), Florida Statutes (2014), which would require Silas to make a “good faith effort” to achieve such skills or diploma. We affirm Silas’s remaining arguments without further discussion. As the acts required by this opinion are ministerial in nature, Silas need not be present for the court to undertake them.

AFFIRMED in part; REVERSED in part; and REMANDED.

ROWE, RAY, and M.K. THOMAS, JJ., CONCUR.

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Bluebook (online)

208 So. 3d 1289, 2017 WL 539278, 2017 Fla. App. LEXIS 1778, Counsel Stack Legal Research, https://law.counselstack.com/opinion/silas-v-state-fladistctapp-2017.

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