David Wayne White, Appellant, v. State of Florida, Appellee. (2026)

District Court of Appeal of Florida, Fifth District.

David Wayne White, Appellant, v. State of Florida, Appellee.

Case No. 5D2023-3166

Decided: July 31, 2026

David Wayne White, Arcadia, pro se. James Uthmeier, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee.

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.

Wallis, J.

Boatwright and Kilbane, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network