JAMES E. HOPPERT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant's convictions for lewd and lascivious acts and handling a child were affirmed, but the court struck or modified three probation conditions that violated statutory restrictions on felon firearm possession, imposed unannounced special conditions, and exceeded the oral pronouncement regarding contact with minors.
Convictions for lewd and lascivious act in the presence of a child and handling and fondling a child under sixteen are affirmed, but three probation conditions are struck or modified as exceeding statutory authority or the oral pronouncement.
[1] A probation condition implying that a felon may possess a firearm with probation officer consent violates statutory restrictions on felon firearm possession.
[2] A special probation condition requiring the defendant to pay for random alcohol and drug testing must be announced at the sentencing hearing to be valid.
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PER CURIAM.
The appellant, James E. Hoppert, challenges his judgments and sentences for lewd and lascivious act in the presence of a child and handling and fondling a child under the age of sixteen years in case number 94-02486. After a review of the record in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we affirm appellant’s convictions without discussion. However, we strike the portion of probation condition number four which implies that a felon can possess a firearm with the consent of his probation officer. See Martin v. State, 22 Fla. L. Weekly D690, — So. 2d - (Fla. 2d DCA Mar. 14, 1997). We strike the portion of condition number nine that requires appellant to pay for random alcohol and drug testing because it is a special condition that was not announced at the sentencing hearing. See Bristol v. State, 667 So. 2d 486 (Fla. 2d DCA 1996). Finally, we modify condition number twenty which prohibits “any contact with anyone” under the age of sixteen years to conform to the oral pronouncement which disallows “unsupervised contact” with anyone under sixteen years old. We affirm the sentences in all other respects.
Convictions affirmed; probation conditions stricken in part and modified.
LAZZARA, A.C.J., and FULMER and WHATLEY, JJ., concur.
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Citator
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Maddox v. State, 708 So. 2d 617 (Fla. 5th DCA 1998)…requires a motion to withdraw a plea where there has been a failure to abide by the terms of the plea. . See, e.g., Louisgeste v. State, 706 So. 2d 29 (Fla. 4th DCA 1998), Strickland v. State, 693 So. 2d 1142 (Fla. 1st DCA 1997), Beasley v. State, 695 So. 2d 1313 (Fla. 1st DCA 1997), Neal v. State, 688 So. 2d 392 (Fla. 1st DCA), review denied, 698 So. 2d 543 (Fla. 1997). . Bowen v. State, 702 So. 2d 298 (Fla. 1st DCA 1997) (striking payment of $100 to the Drug Abuse Trust Fund and $100 to the Florida Crime…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Bristol v. State, 667 So. 2d 486 (Fla. 2d DCA 1996)