RODNEY PAGE WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Williams appealed his conviction pursuant to Anders v. California. The court found no error affecting the conviction but struck certain probation conditions and costs that were imposed without proper notice or pronouncement at sentencing.
The court affirmed the conviction and most probation conditions but struck probation conditions and costs that were not announced at sentencing. The court struck the portions of conditions relating to weapons, excessive intoxicants, and alcohol consumption; struck two discretionary costs totaling $35 imposed without notice; and remanded the attorney's fees issue to allow Williams 30 days to object to the $250 assessment.
[1] A trial court commits error by imposing special conditions of probation without announcing them at sentencing.
[2] A discretionary cost imposed by a trial court must be stricken if the defendant is not given notice of the cost at sentencing.
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Join FLexlaw to unlock all legal intelligence“the trial court improperly imposed five special conditions of probation without announcing these conditions at sentencing. This was error.”
Establishes the core holding that probation conditions must be announced at sentencing or they can be struck on appeal
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Join FLexlaw to unlock all legal intelligenceWilliams was convicted and sentenced to probation with special conditions. The trial court imposed five special probation conditions, including restri…
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WHATLEY, Judge.
In this appeal brought pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we have found no error affecting Williams’ conviction; however, we strike certain conditions of Williams’ probation and cei’tain costs imposed by the trial court.
First, the trial court improperly imposed five special conditions of probation without announcing these conditions at sentencing. This was error. See Nank v. State, 646 So. 2d 762 (Fla. 2d DCA 1994). We affirm condition three insofar as it prohibits the ownership or possession of a firearm, but strike the portion of condition three relating to weapons and destructive devices. In addition, we strike that portion of condition five relating to excessive use of intoxicants because it was not pronounced at sentencing. We also strike condition eight and condition twenty of the probation order insofar as they require Williams to pay for evaluation and treatment because the trial court did not pronounce this special condition. Furthermore, we affirm condition eighteen insofar as it prohibits the consumption and possession of illegal drugs, but we strike the part of condition eighteen relating to the consumption and possession of alcohol because this condition was not pronounced at sentencing.
Second, the trial court imposed a cost of $2 pursuant to section 943.25(13), Florida Statutes (1991). This cost is discretionary, and since the trial court did not give Williams notice of this cost at sentencing, this cost must be stricken. See Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995). Furthermore, we strike the imposition of the “cost/fine” in the amount of $33 because it was not announced at sentencing, and there was no statutory authority given for the assessment of such a cost. Reyes. On remand, the state may seek to reimpose appropriate costs in accordance with Reyes.
Third, Williams was assessed $250 in attorney’s fees. However, he was not given notice of his right to contest the amount of the assessment. See Drinnon v. State, 598 So. 2d 229 (Fla. 2d DCA 1992). On remand, Williams shall have 30 days from the date of the mandate to file a written objection to the amount assessed. If an objection is filed with the trial court, the assessment shall be stricken, and a new assessment may be imposed in accordance with Florida Rule of Criminal Procedure 3.720(d)(1). Bourque v. State, 595 So. 2d 222 (Fla. 2d DCA 1992).
Accordingly, we affirm the judgment and sentence, but strike portions of the probation conditions and portions of the costs assessed.
PARKER, A.C.J., concurs.
ALTENBERND, J., concurs specially.
ALTENBERND, Judge,
concurring.
Obedience to precedent requires that I concur in the court’s opinion striking certain conditions of probation in this case. Mr. Williams was convicted of burglary with an assault. He was sentenced as a habitual offender to thirty years’ incarceration followed by ten years’ probation.
Thus, it is unlikely that Mr. Williams will be affected by any condition of probation until well into the next century. It seems unrealistic to expect a trial judge in 1994 to determine or predict the special conditions of probation necessary for this man’s rehabilitation in 2015. The legislature should consider a method of punishment by which the initial judge could order a future term of probation, “subject to reasonable conditions as are appropriate for the defendant’s rehabilitation, such conditions to be specified by court order at the time of the defendant’s release from prison.” So long as the defendant is given notice and an opportunity to object to the specific conditions when the future order is entered, I am inclined to believe that this procedure would be better for both the state and the defendant, and could be implemented without violating due process or double jeopardy safeguards.
Cases With Similar Vibessemantic neighbors from the corpus
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Rothery v. State, 757 So. 2d 1256 (Fla. 5th DCA 2000)…the general conditions 1 through 11 in the form order of probation, contained in the Rules of Criminal Procedure. State v. Hart, 668 So. 2d 589 (Fla.1996). However, special conditions of probation require actual notice. See, e.g., Williams v. State, 655 So. 2d 1205 (Fla. 2d DCA 1995). Before a special condition of probation may be imposed, there must be an oral pronouncement of the condition at sentencing. Hart. For due process reasons, explanation of the special terms and conditions must be evidenced in the…
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Augustin v. State, 666 So. 2d 218 (Fla. 2d DCA 1995)…. 2d 593 (Fla. 2d DCA 1995). Lastly, we reverse the $2 cost item imposed under section 943.25(13), Florida Statutes (1993). This cost is discretion [*220] ary, and the trial court failed to give appellant notice of its imposition. Williams v. State, 655 So. 2d 1205 (Fla. 2d DCA 1995). On remand, however, the state may seek to reimpose these costs in accord with the law. Callaway, 658 So. 2d 593; Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995) (en banc). Affirmed in part, reversed in part, and remanded for f…
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Gipson v. State, 670 So. 2d 1097 (Fla. 2d DCA 1996)…d within thirty days of the mandate. If he files an objection, the assessment will be stricken. A new assessment may then be imposed if Gipson is given notice and a hearing. Bourque v. State, 595 So. 2d 222 (Fla. 2d DCA 1992); see Williams v. State, 655 So. 2d 1205 (Fla. 2d DCA 1995). Gipson challenges special condition of probation 7, regarding the use of intoxicants to excess, on the ground that it was not orally pronounced at sentencing. We affirm the imposition of condition 7 because Gipson had sufficient…
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
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)
- Nank v. State, 646 So. 2d 762 (Fla. 2d DCA 1994)
- Bourque v. State, 595 So. 2d 222 (Fla. 2d DCA 1992)
- Drinnon v. State, 598 So. 2d 229 (Fla. 2d DCA 1992)