3.850 Appeal from the Circuit Court for Brevard County.Samuel Bookhardt, III, Judge.
David Wayne White, Arcadia, pro se.
James Uthmeier, Attorney General, Tallahassee, and RebeccaRock McGuigan, Assistant Attorney General, Daytona Beach, forAppellee.
July 31, 2026
WALLIS, J.
Original opinion page 2
2David White (Appellant) appeals the trial court’s denial of hismotion for postconviction relief pursuant to Florida Rule ofCriminal Procedure 3.850 and motion to correct an illegal sentenceunder Florida Rule of Criminal Procedure 3.800 alleging fiveseparate grounds for relief. We affirm on all five grounds butremand for the trial court to disclose the No Contact List that wasreferenced during Appellant’s Sentencing Hearing yet neverprovided to the Appellant. We note that expecting the Appellantto comply with a no contact order as a condition of his probationwithout full knowledge of the contents of that same list creates arisk of inadvertent violations. See Rowles v. State,682 So. 2d 1184,1184–85 (Fla. 5th DCA 1996)(remanding an order of no contact forclarification when it was vague and broad to the point of riskinginadvertent violations).AFFIRMED in part; REMANDED to revise condition of probation.BOATWRIGHT and KILBANE, JJ., concur._____________________________Not final until disposition of any timely andauthorized motion under Fla. R. App. P. 9.330 or9.331._____________________________
Opinion text and original PDF from Florida Fifth District Court of Appeal · Source opinion