ROBERT MURPHY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that special conditions of probation must be orally pronounced at the sentencing hearing. Portions of a probation condition not orally pronounced must be stricken.
Robert Murphy was found guilty of drug and driving offenses and sentenced to probation. A condition of his probation included restrictions on alcohol …
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PER CURIAM.
The appellant, Robert Murphy, challenges the trial court’s judgments and sentences imposed upon him after a jury found him guilty of possession of cocaine, possession of methamphetamine, possession of drug paraphernalia, and driving while license is suspended or revoked. We affirm the judgments and sentences imposed upon the appellant. We agree, however, with appellant’s contention that the trial court erred in imposing portions of probation condition (18).
Probation condition (18) states: “You shall not (consume any aleohol/illegal drugs) (be in possession of alcohol or illegal drugs) (associate with persons who use alcohol or illegal drugs) (frequent places where alcohol is the main source of business or illegal drugs are used).” Those portions of condition (18) which provide that appellant shall not consume alcohol, possess alcohol, associate with persons who use alcohol, or frequent places where alcohol is the main source of business, are special conditions of probation which must be orally pronounced at the sentencing hearing. See Callaway v. State, 658 So. 2d 593 (Fla. 2d DCA 1995). Since they were not orally pronounced at the sentencing hearing they must be stricken.
We, accordingly, strike those portions of condition (18) which were improperly imposed upon appellant. We affirm the judgments and sentences in all other respects, Affirmed as modified.
BLUE, A.C.J., NORTHCUTT, J., and FICARROTTA, GASPER J., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
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England v. State, 879 So. 2d 660 (Fla. 5th DCA 2004)…to be orally imposed to be sustainable. Similarly, the condition prohibiting England from frequenting bars is a special condition that should have been orally pronounced. See, e.g., Story v. State, 866 So. 2d 702 (Fla. 2d DCA 2003); Murphy v. State, 704 So. 2d 1116 (Fla. 2d DCA 1998). As the attachments provided by the trial court fail to establish that the conditions of probation were mandated by statute or were orally pronounced, or alternatively, that England expressly agreed to the special conditions, the…
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Crowley v. State, 813 So. 2d 1065 (Fla. 2d DCA 2002)…ition requiring oral pronouncement). The trial court shall strike special condition fifteen, which prohibits Crowley from consuming alcoholic beverages or visiting places where the main source of income comes from alcohol sales. See Murphy v. State, 704 So. 2d 1116 (Fla. 2d DCA 1998). Reversed. FULMER and GREEN, JJ., concur.…
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Story v. State, 866 So. 2d 702 (Fla. 2d DCA 2003)…y were not orally announced at sentencing). Condition 15, which prohibits Story from consuming alcoholic beverages or visiting businesses where the main source of income is the sale of alcoholic beverages, must be also stricken. See Murphy v. State, 704 So. 2d 1116 (Fla. 2d DCA 1998) (holding that special condition of probation prohibiting use and possession of alcohol and frequenting places where alcohol is the main source of business must be orally pronounced at sentencing). The special conditions cannot be…
Authorities Cited
- Deldesondro Callaway v. State, 658 So. 2d 593 (Fla. 2d DCA 1995)