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622 So. 2d 620

Bryant v. State

District Court of Appeal of Florida

Decided August 13, 1993

District Court of Appeal of Florida · decided 1993-08-13

Relies on 618 So. 2d 734 - Biller v. State

Decided 1993-08-13

GRIFFIN, Judge.

¶1Appellant’s conviction for grand theft and his sentence as a habitual offender are affirmed; however, we remand to the lower court to delete all references in the probation order that pertain to consumption of alcohol or to testing or treatment for use of alcohol. A condition prohibiting the use of illegal drugs and providing for random testing for such drugs is proper, but there is no basis on this record to require appellant to undergo “drug offender probation” or drug treatment. Biller v. State, 618 So.2d 734 (Fla.1993); §§ 948.01(13), 948.03(1)0), Fla.Stat. (1991).

¶2CONVICTION AFFIRMED; SENTENCE VACATED WITH INSTRUCTIONS.

DIAMANTIS and THOMPSON, JJ., concur.
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