MARY CATHERINE CROWLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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BLUE, Chief Judge.
Mary Catherine Crowley appeals following the revocation and reimposition of probation. She argues, and the State concedes, that the trial court erred by imposing special conditions of probation that were not orally announced. Accordingly, we reverse. On remand, the trial court shall limit the payment requirement in .conditions thirteen and fourteen to urinalysis testing only, which was orally announced. See State v. Williams, 712 So. 2d 762 (Fla.1998) (holding that payment requirement was special condition 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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Ladson v. State, 955 So. 2d 612 (Fla. 2d DCA 2007)…1997). However, the “pay for” portion is a special condition 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…1 / 2
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Hughes v. Enter. Leasing Co., 831 So. 2d 1240 (Fla. 1st DCA 2002)…ces. However, the supreme court has held that a defendant cannot set-off against a judgment any amounts paid to a plaintiff as UM benefits. Int’l Sales-Rentals Leasing Co. v. Nearhoof, 263 So. 2d 569, 571 (Fla.1972); see also Van Winkle v. Johnston, 813 So. 2d 1065, 1066 (Fla. 1st DCA 2002) (stating that section 768.041(2) does not authorize a set-off for UM benefits); Respess v. Carter, 585 So. 2d 987, 989 (Fla. 5th DCA 1991). Thus, the trial court erred in reducing appellant’s award of damages by $50,000, th…
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Lavender v. State, 203 So. 3d 969 (Fla. 2d DCA 2016)…. Lavender was sentenced to seven years in prison followed 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)…
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- State v. Chuck Junior Williams, 712 So. 2d 762 (Fla. 1998)
- Murphy v. State, 704 So. 2d 1116 (Fla. 2d DCA 1998)