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516 So. 2d 328

516 So.2d 328

12 Fla.L.Weekly 2826

Pratt v. State

District Court of Appeal of Florida

Decided December 9, 1987

District Court of Appeal of Florida · decided 1987-12-09

Key passage — most relied on by later courts

“insufficient to apprise [probationer] of which otherwise lawful acts are prohibited”

quoted by 1 later decision, including 969 So. 2d 222 - Lawson v. State

Relies on Grubbs v. State · 378 So. 2d 7 - Rodriguez v. State · 383 So. 2d 691 - Norris v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1987-12-09

How this case has been cited

Cited by 3 later decisions — most recently June 2016

3 state decisions

101987199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

THREADGILL, Judge.

¶1Goodrich Pratt appeals a condition of his probation that he not be affiliated with the legal profession. We find the condition unrelated to either the offense or his rehabilitation and strike the condition.

¶2The record reflects that Pratt, a member of an out-of-state bar with an application pending before the Florida Bar was adjudicated guilty of one count of grand theft. He was sentenced to ten years in prison but was to be released on probation after serving one year. One of the conditions of his probation was that he was “not to be affiliated with the legal profession.”

¶3The supreme court has held that a condition of probation must be reasonably related to the offense committed and the rehabilitation of the offender. Grubbs v. State, 373 So.2d 905 (Fla.1979). See also Rodriguez v. State, 378 So.2d 7 (Fla. 2d DCA 1979). We do not find that the condition of probation prohibiting this offender from “being affiliated with the legal profession” is reasonably related to the offense of grand theft or to his rehabilitation.

¶4Further, we agree with Pratt’s argument that the condition may be unconstitutionally vague and insufficient to apprise him of which otherwise lawful acts are prohibited. Norris v. State, 383 So.2d 691 (Fla. 4th DCA 1980).

¶5We therefore strike the condition of probation.

DANAHY, C.J., and RYDER, J., concur.
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