ROBERT MASTICK, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
Where neither the probation order nor transcript of plea proceeding evidenced that, as a condition of probation defendant was to report to the Probation Intake office after completion of a six-month jail term, it was error to find him in violation of probation three (3) years later for failure to report and to impose an additional six-month period of incarceration. An unmarked condition on a standard probation form is not, explicitly or implicitly, part of the agreement between the parties. Croteau v. State, 334 So. 2d 577 (Fla.1976). A probation order must sufficiently instruct the probationer as to what he must do or refrain from doing while on probation. Gardner v. State, 365 So. 2d 1053 (Fla. 4th DCA 1978).
Reversed.
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Lawson v. State, 969 So. 2d 222 (Fla. 2007)…ly apprise [probationer] of what she must do or refrain from doing”); Pratt v. State, 516 So. 2d 328, 328 (Fla. 2d DCA 1987) (finding condition “insufficient to apprise [probationer] of which otherwise lawful acts are prohibited”); Mastick v. State, 409 So. 2d 203, 204 (Fla. 3d DCA 1982) (“A probation order must sufficiently instruct the probationer as to what he must do or refrain from doing while on probation.”). As this Court stated in Hines, “[fundamental fairness requires that a defendant be placed on no…
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Zachary v. State, 559 So. 2d 105 (Fla. 2d DCA 1990)…nt that condition fourteen of the probation order does not sufficiently apprise her of what she must do or refrain from doing. Condition fourteen, requiring her to “forfeit all weapons or tools” is vague and should be stricken. See Mastick v. State, 409 So. 2d 203 (Fla. 3d DCA 1982). We, therefore, affirm appellant’s conviction and remand for correction of her sentence and order of probation as provided for herein. SCHOONOVER and FRANK, JJ., concur.…
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Gaal v. State, 599 So. 2d 723 (Fla. 1st DCA 1992)…f probation, so that the probation order can sufficiently instruct Gaal as to what he must do or refrain from doing while on probation. See Almond v. State, 350 So. 2d 810 (Fla. 4th DCA 1977), cert. den., 358 So. 2d 128 (Fla.1978); Mastick v. State, 409 So. 2d 203 (Fla. 3d DCA 1982). After the oral pronouncement of probation conditions, the trial court added Condition (24) in the written order for appellant to report to the Gainesville Probation Office within 72 hours of his release from prison. We are urged…
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- Croteau v. State, 334 So. 2d 577 (Fla. 1976)
- Gardner v. State, 365 So. 2d 1053 (Fla. 4th DCA 1978)