BRYAN K. PAGAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1994-06-01
No. 92-02752
HALL, A.C.J., and BLUE, J., concur.
637 So. 2d 959 Florida District Court of Appeal, Second District (1994) Positive Treatment
Cited by 10 cases
Topics
Oral Pronouncement Of Sentence Probation Conditions

Explore caselaw by topic → Browse Oral Pronouncement Of Sentence cases and more on FLexlaw

Opinion of the Court
FULMER, Judge.

FULMER, Judge.

The defendant appeals his conviction and sentence for manslaughter. We affirm the conviction, but reverse for correction of the written order of probation.

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).

Reversed and remanded with directions to strike conditions # 4 and # 6 from the probation order. HALL, A.C.J., and BLUE, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Luby v. State, 648 So. 2d 308 (Fla. 2d DCA 1995)
    …er. This court has held that condition implies that the defendant may possess a firearm with his probation officer’s permission and must be stricken because, as a convicted felon, the defendant may not lawfully possess a firearm. See Pagan v. State, 637 So. 2d 959 (Fla. 2d DCA 1994); Crawford v. State, 616 So. 2d 1158 (Fla. 2d DCA 1993). See also Grate v. State, 623 So. 2d 591 (Fla. 5th DCA 1993) (upholding the condition that the defendant not possess firearms but striking that portion which delegates the aut…
  • Jennings v. State, 645 So. 2d 592 (Fla. 2d DCA 1994)
    …hat since this special condition improperly implies that a felon could possess a firearm with the consent of his probation officer, that portion of the condition referring to the consent of the probation officer must be stricken. See Pagan v. State, 637 So. 2d 959 (Fla. 2d DCA 1994). The remainder of the condition is a valid general condition that need not be orally pronounced. See § 790.23, Fla.Stat. (1993). We next consider condition six, concerning the use of intoxicants. In Tomlinson v. State, 645 So. 2d…
  • Stark v. State, 650 So. 2d 697 (Fla. 2d DCA 1995)
    …portion of 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. See Pagan v. State, 637 So. 2d 959 (Fla. 2d DCA 1994). We next consider probation condition (7), which provides: “(7) You will not use intoxicants to excess or possess any drugs or narcotics unless prescribed by a physician. Nor will you visit places where intoxicants, drugs or othe…

Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw