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661 So. 2d 87

McDonald v. State

District Court of Appeal of Florida

Decided August 23, 1995

District Court of Appeal of Florida · decided 1995-08-23

Relies on Hart v. State · Holmes v. STATE FARM MUT. AUTO. INS.

Good law ✅— No negative treatment on recordhow we know

Decided 1995-08-23

How this case has been cited

Cited by 3 later decisions — most recently April 2025

2 state decisions

101995200020102020decided

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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PER CURIAM.

¶1We affirm the appellant’s conviction and term of probation imposed upon his entry of a plea of nolo contendere to a charged violation of section 800.04, Florida Statutes (1991). The arguments the appellant presents about the voluntariness of his plea and the trial court’s denial of his motion to withdraw his plea are without merit. We do agree, however, with the argument that certain probation conditions were improperly imposed.

¶2Accordingly, we strike probation condition 25 because it does not accurately reflect the special condition regarding contact with children agreed to and orally imposed at the appellant’s sentencing hearing. Hart v. State, 651 So.2d 112 (Fla. 2d DCA 1995). The condition imposed at the sentencing hearing controls. We also strike probation condition 3 which deals with weapons and firearms possession because it was not orally pronounced at sentencing at all. George v. State, 624 So.2d 824 (Fla. 2d DCA 1993).

DANAHY, A.C.J., and PARKER and BLUE, JJ., concur.
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