Background
Shawn Dontrell Foster appealed a matter originating in the Circuit Court for Duval County, where Circuit Judge Mark Jeffrey Borello presided. The Fifth District’s brief opinion does not describe the underlying facts, Foster’s conviction or sentence, or the precise ruling presented for review.
The appellate court cited three of its earlier decisions addressing sex-offender probation conditions for defendants convicted of attempted sexual offenses: State v. Fureman, Donovan v. State, and State v. Thurman.
The Court’s Holding
The Fifth District Court of Appeal affirmed. Its per curiam opinion provided no separate factual analysis or extended explanation, relying instead on the cited precedents.
Those decisions establish that sex-offender probation conditions may be required or properly imposed for certain attempted sexual offenses, including attempted sexual battery and an attempted lewd act upon a child. The opinion does not specify which offense, order, or issue in Foster’s case brought those authorities into play.
Key Takeaways
- The Fifth District affirmed the matter on appeal.
- The court relied on precedent concerning sex-offender probation conditions for attempted sexual offenses.
- The opinion does not disclose the underlying facts, procedural issue, or details of the disposition under review.
Why It Matters
The decision reinforces the Fifth District’s existing precedent that an attempt conviction does not necessarily prevent the application of sex-offender probation requirements associated with the completed offense.
Because the court issued only a citation-based affirmance, the opinion offers limited guidance beyond confirming the continued force of the cited cases.