David Wayne White v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledJuly 31, 2026
Docket5D2023-3166
StatusPublished
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Full Opinion
FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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Case No. 5D2023-3166
LT Case Nos. 2016-CF-016491-A
2016-CF-029694-A
2016-CF-018385-A
2017-CF-043326-A
2017-CF-034855-A
_____________________________
DAVID WAYNE WHITE,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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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 Rebecca
Rock McGuigan, Assistant Attorney General, Daytona Beach, for
Appellee.
July 31, 2026
WALLIS, J.
David White (Appellant) appeals the trial court’s denial of his
motion for postconviction relief pursuant to Florida Rule of
Criminal Procedure 3.850 and motion to correct an illegal sentence
under Florida Rule of Criminal Procedure 3.800 alleging five
separate grounds for relief. We affirm on all five grounds but
remand for the trial court to disclose the No Contact List that was
referenced during Appellant’s Sentencing Hearing yet never
provided to the Appellant. We note that expecting the Appellant
to comply with a no contact order as a condition of his probation
without full knowledge of the contents of that same list creates a
risk of inadvertent violations. See Rowles v. State, 682 So. 2d 1184,
1184–85 (Fla. 5th DCA 1996) (remanding an order of no contact for
clarification when it was vague and broad to the point of risking
inadvertent violations).
AFFIRMED in part; REMANDED to revise condition of probation.
BOATWRIGHT and KILBANE, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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