RANDY MILLER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A trial court cannot require a probationer to maintain full-time gainful employment.
Randy Miller was convicted of robbery with a firearm and sentenced to prison and probation. The probation order included a requirement to maintain ful…
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PER CURIAM.
Randy Miller (Miller) appeals his conviction and sentence for robbery with a firearm, committed on August 19, 1995, in Escambia County. The trial judge sentenced Miller to prison for two hundred months, including three mandatory years, followed by probation for five years. We affirm without discussion Miller’s judgment of guilt.
We also affirm Miller’s sentence, with the exception of that portion of the sentence and probation order requiring Miller to “maintain full-time gainful employment.” It is error to require a probationer to maintain full-time employment. Evans v. State, 608 So. 2d 90 (Fla. 1st DCA 1992). The trial court on remand may modify this provision to require Miller to “maintain or actively seek gainful employment.” Id. at 91.
We accordingly affirm Miller’s judgment and sentence, except for that portion of the order of probation that contravenes Evans. We remand for correction in this regard consistent with Evans. AFFIRMED in part and REVERSED in part.
WEBSTER, MICKLE and LAWRENCE, JJ., concur.
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Citator
Cited By
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Reynaldo Antonio Aviles v. State, 165 So. 3d 841 (Fla. 1st DCA 2015)…correct that it is improper to require a probationer, without exception, to maintain full-time employment as a condition of probation because factors out of the probationer’s control could prevent completion of this requirement. See Miller v. State, 691 So. 2d 26 (Fla. 1st DCA 1997); Dela-Cruz v. State, 687 So. 2d 66 (Fla. 1st DCA 1997); White v. State, 619 So. 2d 429 (Fla. 1st DCA 1993); Reed v. State, 865 So. 2d 644 (Fla. 2d DCA 2004). A probationer can be ordered to either maintain full-time employment or…
Authorities Cited
- Evans v. State, 608 So. 2d 90 (Fla. 1st DCA 1992)