JAMES EDWARDS, JR., PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. | 1999-02-25
Nos. 93,880
HARDING, C.J., and SHAW, WELLS, ANSTEAD, PARIENTE and LEWIS, JJ., concur., QUINCE, J., recused.
728 So. 2d 736 Florida Supreme Court (1999) Positive Treatment
Cited by 6 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

We have for review a decision addressing the following question certified to be of great public importance:

SHOULD THE REQUIREMENT THAT A DEFENDANT PAY FOR DRUG TESTING BE TREATED AS A GENERAL CONDITION OF PROBATION FOR WHICH NOTICE IS PROVIDED BY SECTION 948.09(6), FLORIDA STATUTES (1995), OR SHOULD IT BE TREATED AS A SPECIAL CONDITION THAT REQUIRES ORAL ANNOUNCEMENT?

Edwards v. State, 23 Fla. L. Weekly D1439, — So. 2d -, 1998 WL 299350 (Fla. 2d DCA June 10, 1998). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We answered this question in State v. Williams, 712 So. 2d 762 (Fla. 1998), by holding that the requirement that a defendant pay for drug testing is a special condition of probation which the trial court must pronounce orally at sentencing. Having answered the certified question, we remand this ease to the district court for further proceedings consistent with our opinion in Williams.

It is so ordered.

HARDING, C.J., and SHAW, WELLS, ANSTEAD, PARIENTE and LEWIS, JJ., concur. QUINCE, J., recused.


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  • Cook v. State, 921 So. 2d 631 (Fla. 2d DCA 2005)
    …rneys for the purpose of prosecuting crimes. Article V, Section 17 of the Florida Constitution specifically provides that the state attorney of each circuit “shall be the prosecuting officer of all trial courts in that circuit.” See Valdes v. State, 728 So. 2d 736, 739 (Fla.1999) (stating that “state attorneys fulfill a unique role” and describing state attorney’s “power as the prosecuting authority to determine whom and how to prosecute”). With respect to the prosecution of crimes, the State acts exclusively…
  • Detournay v. City OF Coral Gables, 127 So. 3d 869 (Fla. 3d DCA 2013)
    …w to proceed” with its enforcement actions, coupled with the Homeowners' argument in their reply brief that the City should not have such discretion, is more than sufficient to raise the application of Trianon in this appeal. . See Valdes v. State, 728 So. 2d 736, 738-39 (Fla.1999) ("This Court has long held that as the prosecuting officer, the state attorney has ‘complete discretion’ in the decision to charge and prosecute, and the judiciary cannot interfere with this 'discretionary executive function.’ ”)…
  • Small v. State, 249 So. 3d 675 (Fla. 2d DCA 2018)

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