MOORE v. PROCTOR

No. 4D01-2358.

795 So.2d 235 (2001)

Michael W. MOORE, Secretary for the Florida Department of Corrections, Petitioner, v. Basil PROCTOR, Respondent.

District Court of Appeal of Florida, Fourth District.

September 26, 2001.


Attorney(s) appearing for the Case

Roger Pickles, Assistant General Counsel, and Rosa H. Carson of Carson & Adkins Tallahassee, for petitioner.

Seth P. Robert of Gunster, Yoakley & Stewart, P.A., Fort Lauderdale, for respondent.


PER CURIAM.

The secretary of the department of corrections petitions for certiorari relief from a trial court order which allows the respondent to reside in New York and to report by telephone to his probation officer in Florida.

Because the respondent was convicted of two counts of sexual battery in violation of section 794.011, the trial court could allow his residence in another state only "if the order stipulates that it is contingent upon the approval...

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