Weida v. State

The Supreme Court affirmed in part and reversed and remanded in part Defendant’s sentence imposed in connection with his felony incest conviction, holding that one special sex offender probation condition imposed by the trial court was unreasonable as applied to Defendant.On appeal, Defendant argued (1) his three-year sentence was inappropriate, (2) two probation conditions (Conditions 8 and 26) were unreasonable and unconstitutional as applied to him because they created sweeping prohibitions on internet usage, and (3) one condition’s (Condition 8) prohibition on “certain web sites…frequented by children” was unconstitutionally vague. The Supreme Court held (1) Condition 8 was constitutional as applied to Defendant; but (2) Condition 26, which barred Defendant from accessing the Internet without prior approval of his probation officer, was not reasonably related to Defendant’s rehabilitation and maintaining public safety. View "Weida v. State" on Justia Law