CHRISTOPHER LYNN PORTER, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (37 total)

• Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)
  …ts as a special condition of probation under section 948.03(5), Florida Statutes (1991). Knaus, 608 So. 2d at 558; Clinger, 533 So. 2d at 316. A special condition of probation, however, must be orally announced at sen [*119] tencing. Olvey v. State, 609 So. 2d 640 (Fla. 2d DCA 1992). This special condition was never mentioned at sentencing. Arguably, we could permit the costs of prosecution to be imposed as a condition of probation in eases in which conviction is withheld under less stringent procedures than…

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• State v. Hart, 668 So. 2d 589 (Fla. 1996)
  …en court.3 For due [*592] process reasons and because a defendant must make a contemporaneous objection to probation conditions at the time of sentencing, the defendant must be adequately placed on notice of conditions being imposed. Olvey v. State, 609 So. 2d 640, 643 (Fla. 2d DCA 1992) (on rehearing en banc). Moreover, some notice of probation conditions at sentencing is required because, as a practical matter in many instances, defendants placed on probation often do not see the probation order until they…
• Justice v. State, 674 So. 2d 123 (Fla. 1996)
  …e 3.700(b), which mandates that the sentence or other final disposition “shall be pronounced in open court.” The requirement also addresses due process concerns that a defendant have notice and an opportunity to object. See generally Olvey v. State, 609 So. 2d 640 (Fla. 2d DCA 1992). Application of the dictates of rule 3.700 to conditions of probation is consistent with our prior holdings that probation is among the sanctions that may be imposed in sentencing in criminal proceedings. See Lippman v. State, 633…

Authorities Cited

• Hodges v. State, 596 So. 2d 481 (Fla. 1st DCA 1992)
• Derek v. Brazil, 604 So. 2d 915 (Fla. 1st DCA 1992)