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BRODUS v. STATE

No. 82-2745.

449 So.2d 941 (1984)

John Bernard BRODUS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 2, 1984.

Attorney(s) appearing for the Case

Jerry Hill, Public Defender, and William H. Pasch, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.

LEHAN, Judge.

We affirm defendant's conviction and probation sentence for possession of marijuana, a violation of section 893.13(1), (3), Florida Statutes (1981), except in the following respect.

One of the conditions of probation, condition 12, was that defendant "must not live with [a] member of [the] opposite sex that is not [a] relative unless written permission from the probation officer [is given]." Tests for the invalidity of a probation condition were...

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