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McPike v. State
Citations: 473 So. 2d 291; 10 Fla. L. Weekly 1858Docket: 84-2563
Court: District Court of Appeal of Florida; August 2, 1985; Florida; State Appellate Court
Joseph D. McPike appeals his convictions on twenty-two counts of grand theft, which stem from his role as Medical Director at Polk General Hospital. The trial court sentenced him to three years in prison followed by ten years of probation, requiring restitution of $40,199 and costs of $9,461.28. A significant point of contention in the appeal is a probation condition prohibiting him from prescribing medication and self-administering medication unless prescribed by another physician, based on a past addiction to demerol. The appellate court found the probation condition improper as it was not reasonably related to McPike's rehabilitation nor to the protection of the public, citing precedents that emphasize the necessity for conditions to directly relate to the crime committed. The court noted that as long as McPike remains licensed, his right to prescribe medication cannot be deemed inherently criminal and should be regulated by the Board of Medical Examiners, not through judicial probation conditions. Despite finding this condition erroneous, the court affirmed the overall judgment because McPike did not raise a contemporaneous objection during sentencing, which is generally required to preserve the right to appeal such issues. The court acknowledged the significant impact of the condition on McPike's professional livelihood but concluded it did not infringe upon his constitutional rights sufficiently to warrant reversal. Consequently, the appeal was affirmed.