March 28, 2008

Adams, 33 FLW 225, Fla, sex offender probation, even where the court order does not specify a deadline for completing the sex offender treatment program or how many attempts the probationer has to complete it, where a def enrolls in but fails to complete a sex offender probation, trial court may in it's discretion depending on the circumstances revoke the probation, def attended only one session before being terminated for two successive absences, even though told in advance two successive absences would result in its termination and def had the ability to pay for the sessions

Farmer, 33 FLW 797, 4th DCA, No fundamental error here where faulty jury instruction did no effect the verdict the state or defense did not mention the instruction during closing argument and instruction(self-defense, use of force likely to cause death or serious bodily injury is not justifiable if the def was attempting to commit, committing or escaping after the commission of an aggravating battery

Doughty, 33 FLW 799, 4th DCA, carrying concealed weapon without a permit, private conveyance exception does not permit the unlicensed of carrying a concealed firearm or other weapon in zippered pack around the waist while riding a motorcycle-securely encase exception, 790.25(5) does not apply if carries weapon on his person, not within the interior compartment of the motorcycle

The Law Office of Roger P. Foley, P.A.