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518 So. 2d 964

Docket No. 86-2738.

Morales v. State

Eladio MORALES, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided January 19, 1988.

District Court of Appeal of Florida · decided 1988-01-19

Relies on 428 So. 2d 739 - Hutchinson v. State · Barber v. State · Holterhaus v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1988-01-19

How this case has been cited

Cited by 18 later decisions — most recently February 2016

18 state decisions

1201988199020002010decided

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.

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¶1Bennett H. Brummer, Public Defender, and Beth C. Weitzner, Asst. Public Defender, for appellant.

¶2Robert A. Butterworth, Atty. Gen., and Charles M. Fahlbusch, Asst. Atty. Gen., for appellee.

¶3Before BARKDULL and DANIEL S. PEARSON and JORGENSON, JJ.

¶4PER CURIAM.

¶5That part of the Order of Revocation of Probation which finds that the appellant, Eladio Morales, failed

"to comply with all the instructions of his Probation Supervisor, in that, on 07-22-86 the Probationer was instructed by his Probation Supervisor to set an appointment at Miami Mental Health Center for Alcohol and Drug Counseling, and as of September 5, 1986, he has failed to do so"

¶6is stricken upon a holding that this condition — that Morales set up an appointment for alcohol and drug counseling — cannot be considered one imposed by the court by virtue of the court's general admonition that Morales comply with all instructions of the probation officer, Hutchinson v. State,428 So.2d 739 (Fla. 2d DCA 1983); Holterhaus v. State,417 So.2d 291 (Fla. 2d DCA 1982), and such condition being therefore imposed by the probation officer only, the violation of it cannot serve as a basis for the revocation of probation. Hutchinson v. State,428 So.2d 739; Holterhaus v. State,417 So.2d 291; see Barber v. State,344 So.2d 913 (Fla. 3d DCA 1977). In all other respects the order under review is

¶7Affirmed.

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