EVELYN MARTINEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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FULMER, Judge.
Evelyn Martinez appeals from the sentence imposed upon revocation of her community control. The trial court imposed a sentence of thirty months in prison followed by one year of drug offender probation. The sole issue she raises on appeal concerns a special condition of probation that was not orally pronounced at sentencing. The State concedes error. The written order of probation contains a provision in condition 13 requiring Martinez to pay for tests to determine whether 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.
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Foster v. State, 869 So. 2d 743 (Fla. 2d DCA 2004)…is issue because Officer Stevens’ testimony was offered to impeach Foster’s credibility on a collateral issue: whether or not the brakes were a cause of the accident. Generally, impeachment on a collateral issue is impermissible. See Daeda v. State, 841 So. 2d 632, 635 (Fla. 2d DCA 2003). The test for determining whether a matter is collateral or irrelevant “‘is whether the proposed testimony can be admitted for any purpose independent of the contradictions.’ ” Lawson v. State, 651 So. 2d 713, 715 (Fla. 2d DC…
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Ladson v. State, 955 So. 2d 612 (Fla. 2d DCA 2007)…tion was procedural only and he raised no substantive basis to strike the condition, we affirm. We recognize that this court continued to strike unpronounced conditions subsequent to the promulgation of rule 3.800(b).1 See, e.g., Martinez v. State, 841 So. 2d 632 (Fla. 2d DCA 2003); Crowley, 813 So. 2d 1065; Miller, 809 So. 2d 101. However, we are persuaded by Grubb that we granted relief in those cases improvidently and, therefore, recede from Martinez, Miller, Crowley, and any other case in which we struck…
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Lavender v. State, 203 So. 3d 969 (Fla. 2d DCA 2016)…we affirm. Affirmed. BLACK and SLEET, JJ., Concur! . 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 c…
Authorities Cited
- Zebbie Edwards v. State, 814 So. 2d 1197 (Fla. 2d DCA 2002)
- Miller v. State, 809 So. 2d 101 (Fla. 2d DCA 2002)