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MUSIC v. STATE

No. 94-3507.

655 So.2d 231 (1995)

Luther Delmer MUSIC, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

June 6, 1995.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Mark Menser, Asst. Atty. Gen., Tallahassee, for appellee.

WEBSTER, Judge.

In this direct criminal appeal, appellant seeks review of an order which, over his objection, added a special condition to the terms of probation contained in two judgments and sentences entered some five years earlier. Because we conclude that the trial court lacked jurisdiction to add the special condition, we are constrained to reverse.

In 1989, appellant was charged with five counts of sexual battery on a child. In due

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