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Pagan v. State

Pagan v. State, 637 So. 2d 959 (Fla. Dist. Ct. App. 1994)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
June 1, 1994
Docket
No. 92-02752
Judges
Fulmer
Citations
637 So. 2d 9591994 WL 236299
Cited by 5 1 descriptions by later courts

Opinion

637 So.2d 959 (1994)

Bryan K. PAGAN, Appellant,

v.

STATE of Florida, Appellee.

No. 92-02752.

District Court of Appeal of Florida, Second District.

June 1, 1994.

*960 James Marion Moorman, Public Defender, and Allyn Giambalvo, Asst. Public Defender, Clearwater, for appellant.

Robert A. Butterworth, Atty. Gen., and Michele Taylor, Asst. Atty. Gen., Tampa, for appellee.

FULMER, Judge.

The defendant appeals his conviction and sentence for manslaughter. We affirm the conviction, but reverse for correction of the written order of probation.

Special probation condition # 4, which implies that the defendant may possess a firearm with his probation officer's permission, must be stricken because, as a convicted felon, the defendant may not lawfully possess a firearm. Mercer v. State, 604 So.2d 843 (Fla. 2d DCA 1992).

Special probation condition # 6, relating to the defendant's use of intoxicants, must also be stricken because the trial court did not orally pronounce it in open court. Carter v. State, 606 So.2d 680 (Fla. 2d DCA 1992).

Reversed and remanded with directions to strike conditions # 4 and # 6 from the probation order.

HALL, A.C.J., and BLUE, J., concur.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

Cited by 5 cases

View all citing references →
1994: 11995: 31997: 119942026peak 1995 · 3

Relies on it most ⓘ

  1. Luby v. State648 So. 2d 308 (Fla. Dist. Ct. App. 1995)
  2. Jennings v. State645 So. 2d 592 (Fla. Dist. Ct. App. 1994)
  3. Stark v. State650 So. 2d 697 (Fla. Dist. Ct. App. 1995)
  4. Snyder v. State650 So. 2d 1024 (Fla. Dist. Ct. App. 1995)
  5. Houston v. State701 So. 2d 372 (Fla. Dist. Ct. App. 1997)

Most recent

  1. Houston v. State701 So. 2d 372 (Fla. Dist. Ct. App. 1997)
  2. Stark v. State650 So. 2d 697 (Fla. Dist. Ct. App. 1995)
  3. Snyder v. State650 So. 2d 1024 (Fla. Dist. Ct. App. 1995)
  4. Luby v. State648 So. 2d 308 (Fla. Dist. Ct. App. 1995)
  5. Jennings v. State645 So. 2d 592 (Fla. Dist. Ct. App. 1994)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Mercer v. State, 604 So. 2d 843 (Fla. Dist. Ct. App. 1992) 5
Carter v. State, 606 So. 2d 680 (Fla. Dist. Ct. App. 1992) 4

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