MARK GEEDING, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court affirmed the conviction and sentence but struck portions of the special probation conditions that were not orally pronounced at sentencing or that improperly allowed probation officer consent for firearm possession.
Mark Geeding appealed his conviction for second-degree murder and the resulting sentence, specifically challenging two special conditions of probation…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Oral Pronouncement Of Sentence Conditions cases and more on FLexlaw
PARKER, Judge.
Mark Geeding appeals his conviction for second-degree murder with a deadly weapon and the resulting sentence. We affirm the conviction and length of the sentence without further comment. We, however, are compelled to strike parts of the special conditions of probation which the trial court imposed during sentencing.
Geeding challenged the following conditions: Condition (4): “You will not possess, carry or own any firearm. You will not possess, carry or own any weapons without first procuring the consent of your officer.” Condition (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 other dangerous substances are unlawfully sold, dispensed or used.”
The trial court did not announce any special conditions at the sentencing. We affirm condition (4) insofar as it prohibits Geeding, a convicted felon, from owning or possessing a firearm. See § 790.23, Fla.Stat. (1993). We strike the portion of that condition implying that Geeding’s probation officer may consent to Geeding’s possession of a firearm. See Hart v. State, 651 So. 2d 112 (Fla. 2d DCA 1995), review granted, 659 So. 2d 1089 (Fla.1995). We also strike the portion of condition (7) that prohibits the excessive use of intoxicants because the court did not pro.-nounce it orally at sentencing. We affirm the balance of the condition as a precise definition of a general prohibition that need not be pronounced orally. See Hart, 651 So. 2d at 114 (citing Tomlinson v. State, 645 So .2d 1 (Fla. 2d DCA 1994)).
We, therefore, strike portions of conditions (4) and (7), as set out above. Otherwise, we affirm the conviction and sentence.
CAMPBELL, A.C.J., and QUINCE, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Navarrion Johnson v. State, 701 So. 2d 367 (Fla. 2d DCA 1997)…the State to seek a revocation of probation for possession of a lawful, over-the-counter medication. Affirmed as modified. THREADGILL, A.C.J., and LAZZARA, J., Concur. . See Raimondo v. State, 666 So. 2d 180 (Fla. 2d DCA 1995); Geeding v. State, 662 So. 2d 997 (Fla. 2d DCA 1995); Williamson v. State, 658 So. 2d 617 (Fla. 2d DCA 1995); Dexter v. State, 654 So. 2d 1248 (Fla. 2d DCA 1995); Heathcoe v. State, 654 So. 2d 1258 (Fla. 2d DCA 1995); Howard v. State, 652 So. 2d 956 (Fla. 2d DCA 1995); Reed v. State…
Authorities Cited
- Tomlinson v. State, 645 So. 2d 1 (Fla. 2d DCA 1994)
- Hart v. State, 651 So. 2d 112 (Fla. 2d DCA 1995)