JEFFREY L. MERCER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the defendant's conviction for accessory after the fact but modified the sentence by striking certain probation conditions.
The defendant was convicted of accessory after the fact. The appeal challenged several conditions of his probation.…
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PER CURIAM.
We affirm defendant’s judgment which adjudicated him guilty of accessory after the fact. We also affirm his sentence except for certain probation conditions which we strike.
Condition 4, which requires defendant to obtain the consent of his probation officer to possess a firearm, is stricken. See Beckner v. State, 604 So. 2d 842 (Fla. 2d DCA 1992) (a convicted felon may not lawfully possess a firearm). Condition 12 is stricken because it is a special condition of probation that was not orally pronounced at the sentencing hearing. See Tillman v. State, 592 So. 2d 767 (Fla. 2d DCA 1992). Condition 17, which imposes attorney’s fees, is stricken because defendant was not given notice of the opportunity to be heard concerning the amount of the fees. See Johnson v. State, 576 So. 2d 916, 918 (Fla. 2d DCA 1991).
The portions of conditions 6, 9,11, and 13 which restrict the consumption of alcohol, prohibit visiting places that sell alcohol, and require that the defendant be evaluated for alcohol abuse are stricken because they are special conditions of probation that were not orally pronounced at the sentencing hearing, nor are they reason ably related to the crime committed. See Tillman.
Upon remand the foregoing conditions, and portions thereof, which have been stricken shall be deleted from the sentence. The attorney’s fees are stricken without prejudice to the state again to seek the imposition of such fees with proper notice and opportunity to be heard.
Affirmed as modified.
LEHAN, C.J., and RYDER and PATTERSON, JJ., concur.
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Denson Emory Grate v. State, 623 So. 2d 591 (Fla. 5th DCA 1993)…to own or possess a firearm. See section 790.23(1), Florida Statutes (1991). Therefore, the probation officer cannot override this legislative mandate and grant his consent. See Crawford v. State, 616 So. 2d 1158 (Fla. 2d DCA 1993); Mercer v. State, 604 So. 2d 843 (Fla. 2d DCA 1992); Smith v. State, 396 So. 2d 206 (Fla. 2d DCA 1981). Grate also challenges the court costs imposed by the trial court in the amount of $255.00 pursuant to section 27.-3455(1) and attorney’s fees of $300.00 pursuant to section 27.5…
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Bruce v. Crawford, 616 So. 2d 1158 (Fla. 2d DCA 1993)…0 (Fla.1993). Third, Crawford challenges conditions (4), (6), (7), special condition (10), and the assessment of attorney’s fees. Condition (4) was an improper condition because a convicted felon may not lawfully possess a firearm. Mercer v. State, 604 So. 2d 843 (Fla.2d DCA 1992). Condition (6), regarding the use of intoxicants, drugs, or dangerous substances, or visiting places where they are unlawfully sold, dispensed, or used; and special condition (10), regarding drug evaluation and treatment within thi…
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Pagan v. State, 637 So. 2d 959 (Fla. 2d DCA 1994)…on. Special probation condition # 4, which implies that the defendant may possess a firearm with his probation officer’s permission, must be stricken because, as a convicted felon, the defendant may not lawfully possess a firearm. Mercer v. State, 604 So. 2d 843 (Fla. 2d DCA 1992). Special probation condition # 6, relating to the defendant’s use of intoxicants, must also be stricken because the trial court did not orally pronounce it in open court. Carter v. State, 606 So. 2d 680 (Fla. 2d DCA 1992). Rev…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Tillman v. State, 592 So. 2d 767 (Fla. 2d DCA 1992)
- Orrin Johnson v. State, 576 So. 2d 916 (Fla. 2d DCA 1991)
- Beckner v. State, 604 So. 2d 842 (Fla. 2d DCA 1992)