ALBERT YOURN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1991-05-08
No. 89-02447
FRANK, A.C.J., and HALL and ALTENBERND, JJ., concur.
579 So. 2d 309 Florida District Court of Appeal, Second District (1991) Positive Treatment
Cited by 4 cases

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Synopsis

Albert Yourn appeals his probation sentence imposed for a violation of probation, challenging the condition requiring 24 years of house arrest. The court reverses the sentence, holding that house arrest can only be imposed as a condition of community control under Florida law and cannot exceed two years.


Holding

House arrest cannot be imposed as a condition of probation but may only be imposed as a condition of community control under Florida law, with a maximum duration of two years. The 24-year house arrest condition was illegal and must be reversed.


Headnotes

[1] A trial court's oral pronouncement of sentence prevails over the written judgment and sentence form.

[2] A condition of probation requiring extensive house arrest, exceeding the statutory limits for community control, is illegal.

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Key Quotes

“Although trial courts have broad discretion in fashioning the terms and conditions of probation, we agree with the Fifth District that this type of house arrest can only be imposed as a condition of community control.”

Establishes the legal limitation on house arrest as a probation condition

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Facts & Procedural History

Yourn received a sentence of 25 years' probation conditioned on one year's incarceration in county jail for a robbery with a deadly weapon violation o…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Mr. Yourn appeals the sentence he received on August 15, 1989, upon a violation of probation. The trial court sentenced him to a twenty-five-year term of probation. The probation was conditioned on one year’s incarceration in county jail. The oral announcement of the sentence also included a condition that the remainder of the term of probation be spent under house arrest. We reverse this sentence in light of the condition of house arrest.

Mr. Yourn’s sentence of probation was a downward departure from the guidelines, which permitted up to nine years’ incarceration. He lacks standing to challenge a downward departure on appeal. Weiner v. State, 562 So. 2d 392 (Fla. 5th DCA 1990).1 Because the underlying offense is robbery with a deadly weapon, there is no dispute that a twenty-five-year term of probation is legal.

The condition of probation requiring twenty-four years of. house arrest, however, is illegal. The trial court orally ordered Mr. Yourn to remain confined to his home except for very limited circumstances. The defense attorney objected to this condition, but the trial court did not sustain the objection. Nevertheless, the trial court’s oral pronouncement is not included in the written order. We address this issue, despite the lack of a writing, since the oral pronouncement of sentence prevails over the written judgment and sentence form, and the condition has been properly challenged. See Jeffrey v. State, 456 So. 2d 1307 (Fla. 1st DCA 1984).

Although trial courts have broad discretion in fashioning the terms and conditions of probation, we agree with the Fifth District that this type of house arrest can only be imposed as a condition of community control. Coleman v. State, 564 So. 2d 1238 (Fla. 5th DCA 1990). See §§ 948.001, 948.-03(2)(b), Fla.Stat. (1987). As such, it cannot exceed two years. § 948.01(5), Florida Statutes (1987). Accordingly, the oral condition of probation imposing twenty-four years of house arrest was illegal.

On remand, the trial court is authorized to impose reasonable residential confinement as a condition of community control to precede a term of probation upon the requisite findings pursuant to subsections 948.01(3)-(4), Florida Statutes (1987). The maximum two-year period should be measured from Mr. Yourn’s release from county jail without regard to whether the oral condition of probation has been enforced during the pendency of this appeal.

Reversed and remanded.

FRANK, A.C.J., and HALL and ALTENBERND, JJ., concur. . Issues relating to the precise length and conditions of the defendant's confinement in county jail are moot because the jail term has been completed.


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Citator

Cited By

  • Villabol v. State, 595 So. 2d 1057 (Fla. 2d DCA 1992)
    …e sentence to no more than six months. Villabol next argues that it was improper to revoke his probation for his failure to remain confined to his residence. He reasons that “house arrest” is not a permissible condition of probation. Youm v. State, 579 So. 2d 309 (Fla. 2d DCA 1991). Instead, this “technical violation ... went only to the aggravated assault charge” for which Villabol originally received community control. We disagree. See Stafford v. State, 455 So. 2d 385 (Fla.1984). Finally, Villabol questi…
  • Alexander v. State, 602 So. 2d 697 (Fla. 4th DCA 1992)
    …t’s contentions. Accordingly, we reverse and remand with directions to vacate that portion of appellant’s five-year term of community control which exceeds two years. See § 948.001, Fla.Stat. (1987); § 948.03(2)(b), Fla.Stat. (1987); Yourn v. State, 579 So. 2d 309 (Fla. 2d DCA 1991); Crawford v. State, 567 So. 2d 428 (Fla.1990). DOWNEY, LETTS and GUNTHER, JJ., concur.…

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