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SIMMONS v. STATE

No. 94-1246.

662 So.2d 754 (1995)

Steven SIMMONS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 15, 1995.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Karen E. Ehrlich, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Sharon A. Wood, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Steven Simmons appeals his written order of probation on the grounds that the trial court imposed certain conditions without first pronouncing them in open court. Appellant has raised several meritorious points and to that extent we reverse as set forth below. We otherwise affirm the written order of probation.

The trial court erred in prohibiting appellant from using intoxicants to excess as a condition...

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