ELIZABETH ZACHARY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a cost assessment without notice is improper and a vague probation condition must be stricken.
Appellant was convicted of attempted burglary and appealed her sentence. She argued the court erred in assessing costs without notice, imposing a curf…
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CAMPBELL, Chief Judge.
Appellant, Elizabeth Zachary, appeals her conviction and sentence for attempted burglary. Appellant’s first point is without merit and we, therefore, affirm her conviction. We do, however, find merit in appellant’s other three contentions in regard to sentencing errors.
First, appellant argues that the trial court erred in assessing $250 against her at sentencing for the Court Improvement Fund without first giving her notice and opportunity to be heard. We agree the state must provide adequate notice of assessment of costs with full opportunity to object. Jenkins v. State, 444 So. 2d 947 (Fla.1984). Accordingly, the $250 cost provision is vacated. Second, appellant’s written probation order established an 11:00 p.m. curfew, but there was no mention of a curfew at appellant’s sentencing hearing. A judge’s written sentence must comport with the judge’s oral pronouncement at sentencing. Jacobs v. State, 533 So. 2d 911 (Fla. 2d DCA 1988). We, therefore, remand for correction of the written order of probation.
Third, we agree with appellant’s final argument 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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Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)…(Fla. 2d DCA 1987); Singletary v. State, 520 So. 2d 107 (Fla. 2d DCA 1988); Brewer v. State, 531 So. 2d 393 (Fla. 2d DCA 1988); Wright v. State, 531 So. 2d 221 (Fla. 2d DCA 1988); Varela v. State, 550 So. 2d 40 (Fla. 2d DCA 1989); Zachary v. State, 559 So. 2d 105 (Fla. 2d DCA 1990); Siplin v. State, 584 So. 2d 599 (Fla. 2d DCA 1991); Alfonso v. State, 595 So. 2d 583 (Fla. 2d DCA 1992); Gawron v. State, 597 So. 2d 340 (Fla. 2d DCA 1992); Williams v. State, 601 So. 2d 1277 (Fla. 2d DCA 1992); Reberv. State, 61…
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Lawson v. State, 969 So. 2d 222 (Fla. 2007)…e trial court and the probation order must also adequately place the probationer on notice of conduct that is both required and prohibited during the probationary period. See Hines v. State, 358 So. 2d 183, 185 (Fla.1978); see also Zachary v. State, 559 So. 2d 105, 106 (Fla. 2d DCA 1990) (striking a condition for vagueness where the order did not “sufficiently 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 “insuffici…
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Vasquez v. State, 663 So. 2d 1343 (Fla. 4th DCA 1995)…(Fla. 2d DCA 1995) (probation condition for defendant convicted of being felon in possession of firearm, which imposed 9:00 p.m. curfew, would be stricken, as it constituted a special condition not orally pronounced at sentencing); Zachary v. State, 559 So. 2d 105 (Fla. 2d DCA 1990) (written probation order could not establish 11:00 p.m. curfew when there was no mention of curfew at defendant’s sentencing hearing). DRUG ABUSE TREATMENT The next two challenged conditions are included only in defendant’s drug…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Jenkins v. State, 444 So. 2d 947 (Fla. 1984)
- Jacobs v. State, 533 So. 2d 911 (Fla. 2d DCA 1988)
- Mastick v. State, 409 So. 2d 203 (Fla. 3d DCA 1982)