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SWEDISH v. STATE

No. 97-00665

724 So.2d 640 (1999)

James SWEDISH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 6, 1999.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Richard P. Albertine, Jr., Assistant Public Defender, Clearwater, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Diana K. Bock, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

James Swedish appeals the final judgment and sentence that the trial court imposed after a jury found him guilty of one count of committing a lewd and lascivious act in the presence of a child under the age of sixteen. We affirm the judgment; however, we conclude that the trial court erred by imposing a special condition of probation which attempts to prevent the Department of Corrections (DOC) from exercising its authority to recommend early termination...

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