CHARLES BURDO, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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A trial court must strike unannounced special conditions of probation from a written sentence and cannot reimpose them upon resentencing.
The Third District Court of Appeal reversed special conditions of probation that were not orally pronounced at sentencing. The district court allowed …
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PER CURIAM.
We have for review Burdo v. State, 667 So. 2d 874 (Fla. 3d DCA 1996). We accepted jurisdiction to answer the following question certified to be of great public importance:
WHERE A SENTENCE IS REVERSED BECAUSE THE TRIAL COURT FAILED TO ORALLY PRONOUNCE CERTAIN SPECIAL CONDITIONS OF PROBATION WHICH LATER APPEARED IN THE WRITTEN SENTENCE, MUST THE COURT SIMPLY STRIKE THE UNANNOUNCED CONDITIONS, OR MAY THE COURT ELECT TO “REIMPOSE” THOSE CONDITIONS AT RESENTENCING?
Id. at 875-76.1
The Third District reversed and remanded two special conditions of petitioner’s orders of community control and probation that were not orally pronounced at sentencing. Id. at 875. Then, in adopting the rationale of Justice v. State, 658 So. 2d 1028, 1030 (Fla. 5th DCA 1995), the district court stated that on remand “[we] ‘permit the trial court, if it so desires, to conduct a new sentencing hearing so that it may properly announce and impose any conditions that it feels appropriate.’” Id. We recently quashed the Fifth District’s Justice decision in Justice v. State, 674 So. 2d 123 (Fla.1996), and, in answering the same certified question presented in this case, we held
that where a sentence is reversed because the trial court failed to orally pronounce certain special conditions of probation which later appeared in the written sentence, the court must strike the unannounced conditions and cannot reimpose them upon resentencing.
Id. at 126.
Accordingly, on the authority of Justice, we quash the decision below and hold that where a sentence is reversed because the trial court failed to orally pronounce at sentencing any special conditions of probation reflected in the written sentence, the court must strike the unannounced conditions and cannot reimpose them upon resentencing.
It is so ordered.
KOGAN, C.J., and OVERTON, SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur. . We have jurisdiction pursuant to Article V, section 3(b)(4) of the Florida Constitution.
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J.W.J. v. State, 994 So. 2d 1223 (Fla. 1st DCA 2008)…v. State, 732 So. 2d 1065, 1067 & n. 5 (Fla.1999). Imposition of Special Conditions of Probation Appellant relies on the general rule that special conditions of probation must be stricken if not orally pronounced at sentencing. See Burdo v. State, 682 So. 2d 557, 558 (Fla.1996). In A.B.C. v. State, 682 So. 2d 553, 555 (Fla.1996), however, the court concluded that “statutorily authorized conditions of community control for juveniles adjudicated delinquent or with adjudication withheld need not be orally pron…
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Pazo v. State, 684 So. 2d 898 (Fla. 5th DCA 1996)…ed, nor any documentation supporting the imposition of such costs. In the absence of such documentation, the trial court lacked the authority to impose investigative costs. Burdo v. State, 667 So. 2d 874 (Fla. 3d DCA 1996), quashed on other grounds, 682 So. 2d 557 (Fla.1996). We note that a contemporaneous objection was not required because the trial court lacked the authority to impose these costs. See Golden v. State, 667 So. 2d 933 (Fla. 2d DCA 1996); Gant v. State, 640 So. 2d 1180 (Fla. 4th DCA 1994). Ac…
Authorities Cited
- Justice v. State, 674 So. 2d 123 (Fla. 1996)
- Justice v. State, 658 So. 2d 1028 (Fla. 5th DCA 1995)
- Burdo v. State, 667 So. 2d 874 (Fla. 3d DCA 1996)