BARBARA ANN MILLER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2002-02-27
No. 2D00-4856
GREEN, and STRINGER, JJ., Concur.
809 So. 2d 101 Florida District Court of Appeal, Second District (2002) Negative Treatment
Cited by 6 cases
Topics
Special Conditions Of Probation Oral Pronouncement Of Sentence

Explore caselaw by topic → Browse Special Conditions Of Probation cases and more on FLexlaw

Opinion of the Court
WHATLEY, Judge.

WHATLEY, Judge.

Barbara Ann Miller appeals her sentences for possession of cocaine and obstruction. Miller argues, and the State correctly concedes, that the trial court erred in failing to pronounce a special condition of probation. The order of probation contains special condition fifteen, which provides: ‘You must submit to a substance abuse evaluation, within thirty days, at your own expense, and follow all recommendations including individual and group counseling and support groups.” The portion of probation condition fifteen requiring Miller to pay for a substance abuse evaluation is a special condition that must be orally pronounced at sentencing. See State v. Williams, 712 So. 2d 762, 763 (Fla.1998) (holding that the requirement that a defendant pay for drug testing is a special condition of probation that must be announced at sentencing). Therefore, we strike this portion of condition fifteen because it was not pronounced at sentencing. The remainder of condition fifteen is affirmed.

Accordingly, we affirm Miller’s judgments and sentences, but we strike a portion of probation condition fifteen.

GREEN, and STRINGER, JJ., Concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Ladson v. State, 955 So. 2d 612 (Fla. 2d DCA 2007)
    …ndition that must be orally pronounced. See State v. Williams, 712 So. 2d 762, 763 (Fla.1998). Such conditions have previously been stricken when challenged on appeal. See, e.g., Crowley v. State, 813 So. 2d 1065 (Fla. 2d DCA 2002); Miller v. State, 809 So. 2d 101 (Fla. 2d DCA 2002); Torres v. State, 712 So. 2d 1169 (Fla. 2d DCA 1998); Carter v. State, 787 So. 2d 193 (Fla. 1st DCA 2001). However, a defendant is able to raise an objection to such a condition by filing a motion pursuant to rule 3.800(b). Under…
    1 / 2
  • Martinez v. State, 841 So. 2d 632 (Fla. 2d DCA 2003)
    …her she has a treatable problem with alcohol or drugs. The requirement that Martinez pay for testing is a special condition of probation that must be orally pronounced. See Edwards v. State, 814 So. 2d 1197, 1198 (Fla. 2d DCA 2002); Miller v. State, 809 So. 2d 101, 102 (Fla. 2d DCA 2002). Accordingly, we reverse and remand for the trial court to strike the payment requirement in condition 13. Reversed and remanded. WHATLEY and SILBERMAN, JJ., Concur.…
  • Lavender v. State, 203 So. 3d 969 (Fla. 2d DCA 2016)
    …wed by two years of community control and three years of probation. . We specifically receded from these cases by name; Martinez v. State, 841 So. 2d 632 (Fla. 2d DCA 2003), Crowley v. State, 813 So. 2d 1065 (Fla. 2d DCA 2002), and Miller v. State, 809 So. 2d 101 (Fla. 2d DCA 2002). . In asserting that remand was required for the trial court to strike the special conditions, Lavender and the State cited cases that predated the adoption of rule 3.800(b). Cf. Luby v. State, 648 So. 2d 308 (Fla. 2d DCA 1995);…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw