BILLY TURNER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed Turner's cocaine trafficking conviction under Fla. Stat. § 893.13(1)(i) but struck certain probation conditions not orally pronounced and dismissed without prejudice his unpreserved challenge to his plea's voluntariness.
A conviction under section 893.13(1)(i) for selling cocaine within 200 feet of a public housing project is constitutional, but probation conditions not orally pronounced must be stricken.
[1] Probation conditions not orally pronounced by the trial court must be stricken from the sentence.
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Join FLexlaw to unlock all legal intelligenceTurner was convicted of selling cocaine within 200 feet of a public housing project. The trial court imposed a probation order containing conditions n…
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PER CURIAM.
Appellant challenges his conviction for selling cocaine within 200 feet of a public housing project. He argues: (1) that section 893.13(1)(i) is unconstitutional because it is vague, it violates his rights to due process and equal protection, and amounts to an invalid exercise of the police power; (2) that the trial court erred in failing to offer him the opportunity to withdraw his plea where the written plea, waiver and consent form indicated an incorrect guidelines sentence, and (3) that the trial court imposed an illegal probation order. With respect to appellant’s challenge to the constitutionality of section 893.13(1)(i), we affirm. See Brown v. State, 610 So. 2d 1356 (1992). We strike those portions of the probation order requiring a $1.00 monthly payment to First Step and prohibiting appellant’s presence in specified areas, which conditions were not orally pronounced. See Coupe v. State, 591 So. 2d 304 (Fla. 1st DCA 1991); Tillman v. State, 592 So. 2d 767 (Fla. 2d DCA 1992). Appellant’s challenge to the volun tary and intelligent nature of his plea is not cognizable on direct appeal because he never raised this issue in the trial court by moving to withdraw his plea. Accordingly, we dismiss the appeal as to this issue without prejudice to his filing in the trial court either a motion to withdraw his plea or a motion to vacate his sentence under Florida Rule of Criminal Procedure 3.850.
AFFIRMED as modified.
WIGGINTON, MINER and WOLF, JJ., concur.
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Turner v. State, 631 So. 2d 303 (Fla. 1994)…PER CURIAM. We review Turner v. State, 615 So. 2d 819 (Fla. 1st DCA 1993), on the ground that the district court declared a statute valid. Art. V, § 3(b)(3), Fla. Const. On the authority of Brown v. State, 629 So. 2d 841 (Fla.1994), the decision under review is hereby quashed and the case remanded fo…
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Shabazz Randazo Harris v. State, 655 So. 2d 1179 (Fla. 1st DCA 1995)…cy between the written probation order and the trial court’s oral pronouncement at the sentencing proceedings. It is well settled that a written probation order may not impose conditions of probation that were not orally pronounced. Turner v. State, 615 So. 2d 819 (Fla. 1st DCA 1993), quashed on other grounds, 631 So. 2d 303 (Fla.1994); Coupe v. State, 591 So. 2d 304 (Fla. 1st DCA 1991). In this case, conditions of probation were imposed in paragraph fifteen of the probation order that were not orally pronoun…
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M.H. v. State, 622 So. 2d 105 (Fla. 3d DCA 1993)…y vague, violates his federal and state rights to due process and equal protection, and amounts to an invalid exercise of police power. In Williams v. State, 618 So. 2d 323 (Fla. 3d DCA 1993), this court rejected such claims. Accord Turner v. State, 615 So. 2d 819 (Fla. 1st DCA), review granted, 621 So. 2d 433 (Fla.1993); Brown v. State, 610 So. 2d 1356 (Fla. 1st DCA 1992); contra State v. Thomas, 616 So. 2d 1198 (Fla. 2d DCA 1993). To this court’s Williams decision we can only add that the term “public hou…1 / 2
Previewing 3 of 4 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)
- Brown v. State, 610 So. 2d 1356 (Fla. 1st DCA 1992)
- Coupe v. State, 591 So. 2d 304 (Fla. 1st DCA 1991)