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208 So. 3d 1289

Silas v. State

District Court of Appeal of Florida

Decided February 10, 2017

District Court of Appeal of Florida · decided 2017-02-10

Cited by 1 later decisions — most recently April 2019

1 state decisions

Relies on 768 So. 2d 1234 - Rodriguez v. State · 165 So. 3d 841 - Reynaldo Antonio Aviles v. State of Florida · Zavon Deshawn Taylor v. State of Florida

Good law ✅— No negative treatment on recordhow we know

Decided 2017-02-10

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PER CURIAM.

¶1Kwamane 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.

¶2AFFIRMED in part; REVERSED in part; and REMANDED.

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