NATHANIEL GEORGE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Nathaniel George appeals his sentence and specifically challenges certain conditions of community control which the trial court failed to pronounce orally at the sentencing hearing. We agree with George and strike special conditions 6, 13, and 14.
A trial court must pronounce in open court special conditions of probation. Olvey v. State, 609 So. 2d 640, 643 (Fla.2d DCA 1992) (en banc) (quoting Tillman v. State, 592 So. 2d 767 (Fla.2d DCA 1992)). Conditions not pronounced orally must be struck. Arnold v. State, 596 So. 2d 486 (Fla.2d DCA 1992). A review of this record reflects that George is correct when he asserts that the trial court did not pronounce in open court special conditions 6, 13, and 14 which the trial court listed in its written order of community control. We are compelled to strike these special conditions.
FRANK, C.J., and RYDER and PARKER, JJ., concur.
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Nank v. State, 646 So. 2d 762 (Fla. 2d DCA 1994)…statutorily authorized, however, the law requires that it be pronounced orally at sentencing before it can be included in the written probation order. Cumbie, 597 So. 2d 946. Such “[cjonditions not pronounced orally must be struck.” George v. State, 624 So. 2d 824 (Fla. 2d DCA 1993). Additionally, in order to satisfy the minimum requirements of due process, a trial court must sufficiently apprise the defendant of the “substance of each special condition” so that the defendant has the opportunity to object “to…
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Campbell v. Griffith, 971 So. 2d 232 (Fla. 2d DCA 2008)…or not otherwise subject to question based on other evidence presented at trial, the jury is not free to simply ignore or arbitrarily reject that evidence and render a verdict in conflict with it. See, e.g., Holmes v. State Farm Mut. Auto. Ins. Co., 624 So. 2d 824, 825 (Fla. 2d DCA 1993); Jarrell v. Churm, 611 So. 2d 69, 70 (Fla. 4th DCA 1992). Here, both Campbell’s treating doctor and the defense medical expert testified that her subclavian aneurysm was a permanent injury caused by the auto accident and tha…
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James R. McELROY for the Estate of Mable E. Christensen v. Gaylord C. Perry, 753 So. 2d 121 (Fla. 2d DCA 2000)…ed verdict by presenting countervailing expert testimony, severely impeaching the plaintiffs expert, or presenting other evidence which creates a direct conflict with the plaintiffs evidence. See id. (citing Holmes v. State Farm Mut. Auto. Ins. Co., 624 So. 2d 824 (Fla. 2d DCA 1993), and Jarrell v. Churm, 611 So. 2d 69 (Fla. 4th DCA 1992)). Here, Perry established a prima facie case by presenting expert testimony as to permanent injury. McElroy, however, presented countervailing expert testimony. Testifying…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Tillman v. State, 592 So. 2d 767 (Fla. 2d DCA 1992)
- Porter v. State, 609 So. 2d 640 (Fla. 1st DCA 1992)
- Olvey v. State, 609 So. 2d 640 (Fla. 2d DCA 1992)
- Arnold v. State, 596 So. 2d 486 (Fla. 2d DCA 1992)