POLLY LEIGH BODDEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A special condition of probation is invalid if it is not reasonably related to the defendant's rehabilitation.
The appellant challenged a special condition imposed as part of her probation order. The trial judge imposed the condition based on concerns unrelated…
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JOANOS, Judge.
Appellant raises in this appeal the sole issue of whether one of the conditions imposed on her by the probation order is valid. Having reviewed the record and the applicable law, we conclude that it is not.
Since the purpose of probation is rehabilitation, Kominsky v. State, 330 So. 2d 800 (Fla. 1st DCA 1976), the propriety of a special condition of probation must be evaluated in terms of whether it is reasonably related to rehabilitation. As set forth in Rodriguez v. State, 378 So. 2d 7 (Fla. 2d DCA 1979):
In determining whether a condition of probation is reasonably related to rehabilitation, we believe that a condition is invalid if it (1) has no relationship to the crime of which the offender was convicted, (2) relates to conduct which is not in itself criminal, and (3) requires or forbids conduct which is not reasonably related to future criminality.
378 So. 2d at 9.
While we understand the concerns of the trial judge which prompted his imposition of the special condition, we are of the opinion that those concerns were not focused on the issue of Bodden’s rehabilitation as measured by the Rodriguez test. Thus, denial of Bodden’s motion to strike special condition twelve (12) was error. Accordingly, we hereby strike condition twelve (12) from the order of probation. The “Judgment of Guilt and Placing Defendant on Probation,” is otherwise AFFIRMED.
BOOTH and SHIVERS, JJ., concur.
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Myers v. State, 426 So. 2d 986 (Fla. 1st DCA 1983)…g conditions. Therefore, we affirm without prejudice to appellant to raise this argument in a properly filed motion to strike or correct the alleged illegal conditions of probation. See Fresneda v. State, 347 So. 2d 1021 (Fla.1977); Bodden v. State, 411 So. 2d 1391 (Fla. 1st DCA 1982); and Section 948.03(3) Florida Statutes (1981). See also Barlow v. State, 390 So. 2d 165 (Fla. 5th DCA 1980), and Pope v. State, 368 So. 2d 676 (Fla. 1st DCA 1979). AFFIRMED. THOMPSON, J., concurs. LARRY G. SMITH, J., dissents…
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Blake v. State, 814 So. 2d 1163 (Fla. 1st DCA 2002)…ourt lacked jurisdiction to suspend defendant’s driver’s license); §§ 316.027(2) and 322.26(4), Fla. Stat. (2000). Accordingly, we reverse the trial court’s suspension of Appellant’s driver’s license. III. Appellant argues, citing Bodden v. State, 411 So. 2d 1391 (Fla. 1st DCA 1982), that the trial court’s special condition of probation requiring him to view an autopsy [*1165] is unlawful because it is punishment rather than reasonably related to rehabilitation. Appellant argues that since he was not charged…
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Enger Heart Russ v. State, 519 So. 2d 715 (Fla. 1st DCA 1988)…ictim. We do not agree. We find the special condition of probation in this case is reasonably related to rehabilitation for the offense of which appellant stands convicted. See Howland v. State, 420 So. 2d 918 (Fla. 1st DCA 1982); Bodden v. State, 411 So. 2d 1391 (Fla. 1st DCA 1982); Rodriguez v. State, 378 So. 2d 7 (Fla. 2d DCA 1979). However, the state agrees that the record reveals an ambiguity between the trial court’s written condition of probation and the court’s oral pronouncement of the special condi…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Rodriguez v. State, 378 So. 2d 7 (Fla. 2d DCA 1979)
- Kominsky v. State, 330 So. 2d 800 (Fla. 1st DCA 1976)