RALPH STORY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed a cocaine possession conviction but struck three special probation conditions that were not orally pronounced at sentencing.
Special conditions of probation requiring payment for drug testing and prohibiting alcohol consumption must be stricken when not orally announced at sentencing.
[1] Special conditions of probation requiring the defendant to pay for drug and alcohol testing or prohibiting consumption of alcohol must be orally pronounced at sentencing…
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Join FLexlaw to unlock all legal intelligence“The special conditions cannot be reimposed.”
Court's holding that stricken special probation conditions may not be reimposed at resentencing, citing Justice v. State.
Ralph Story was convicted of cocaine possession and sentenced to probation with special conditions including requirements to pay for alcohol and drug …
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KELLY, Judge.
Ralph Story appeals from his judgment and sentence for possession of cocaine. He raises eight issues on appeal. We find merit only in his contention that the trial court erred in imposing special conditions of probation without orally pronouncing them. His judgment and sentence are otherwise affirmed.
The portions of conditions 13 and 14 requiring Story to pay for alcohol and drug testing must be stricken. See Boyd v. State, 688 So. 2d 959 (Fla. 2d DCA 1997) (striking special conditions of probation requiring the defendant to pay for drug and alcohol testing, evaluation, and treatment, because they 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 reimposed. See Justice v. State, 674 So. 2d 123, 126 (Fla.1996) (prohibiting imposition of stricken special conditions on resentencing).
Affirmed as modified.
SILBERMAN and COVINGTON, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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England v. State, 879 So. 2d 660 (Fla. 5th DCA 2004)…sting was not a general condition and therefore had 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 En…
Authorities Cited
- Justice v. State, 674 So. 2d 123 (Fla. 1996)
- Boyd v. State, 688 So. 2d 959 (Fla. 2d DCA 1997)
- Murphy v. State, 704 So. 2d 1116 (Fla. 2d DCA 1998)