A.M.B., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court struck a condition of juvenile probation requiring resignation from ROTC as unrelated to the adjudicated offenses of grand theft and resisting an officer.
A condition of probation or supervision must be related to the crime of which the offender was adjudicated delinquent, and a requirement to resign from ROTC bears no relationship to grand theft and resisting an officer.
[1] A condition of probation or supervision imposed on a juvenile must bear a relationship to the crime of which the juvenile was adjudicated delinquent; a condition unrelate…
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Join FLexlaw to unlock all legal intelligence“A special condition of probation is invalid if a condition has no relationship to the crime committed, relates to conduct which is not in itself criminal or forbids conduct that is not reasonably related to future criminality.”
Court stating the legal standard for validity of probation conditions, citing Trent v. State.
A.M.B., a juvenile, was adjudicated delinquent of two counts of grand theft and resisting an officer without violence and was committed to DJJ with su…
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ORFINGER, J.
After being adjudicated delinquent of two counts of grand theft and resisting an officer without violence, A.M.B., a juvenile, was committed to a program operated by the Department of Juvenile Justice (DJJ), followed by DJJ supervision until his 19th birthday. As a special condition of supervision, the court required A.M.B. to resign from his high school’s Reserve Officer Training Corp (ROTC) program. A.M.B. appeals that requirement, contending that such a condition is unrelated to the offenses of which he was adjudicated delinquent. We agree.
A condition of probation must be related to the crime of which the offender was convicted. Law v. State, 705 So. 2d 632, 634 (Fla. 5th DCA 1998) (citing Grate v. State, 623 So. 2d 591, 592 (Fla. 5th DCA 1993)). “A special condition of probation is invalid if a condition has no relationship to the crime committed, relates to conduct which is not in itself criminal or forbids conduct that is not reasonably related to future criminality.” Trent v. State, 770 So. 2d 1272, 1274 (Fla. 4th DCA 2000). In this case, A.M.B.’s participation in ROTC bears no relationship to the offenses of which he was adjudicated delinquent. It is more appropriate for the sponsoring school or the ROTC authorities to determine A.M.B.’s eligibility to participate in the program, given his conduct, which, as the trial judge aptly observed, is far below the standard that would generally be expected of ROTC participants.
For these reasons, we affirm A.M.B.’s adjudications of delinquency, but strike the condition of supervision requiring him to resign from ROTC.
SHARP, W. and PETERSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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G.F. v. State, 927 So. 2d 62 (Fla. 5th DCA 2006)…victed of committing any sexual offenses, nor was he ever found delinquent for committing any prior sex offenses. In a recent case, our court addressed a similar issue involving the imposition of special conditions of probation. In A.M.B. v. State, 917 So. 2d 239 (Fla. 5th DCA 2005), the case involved a juvenile, A.M.B., who was adjudicated delinquent on two counts of grand theft and resisting an officer without violence. A.M.B. was committed to a program operated by the Department of Juvenile Justice, follo…
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Herrin v. State, 51 So. 3d 1207 (Fla. 1st DCA 2011)…ars no relationship to the offense of which [defendant] was adjudicated delinquent[,]” the Fifth District reversed and ordered that the sex offender treatment program be stricken from the order of probation. See id. at 64-65 (citing A.M.B. v. State, 917 So. 2d 239 (Fla. 5th DCA 2005)). Though the instant case presents facts similar to those found in G.F., Herrin has not identified a need for relief. Nowhere in the record does it appear that the trial court actually sentenced appellant to “sex offender” couns…
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T.J.J. v. State, 121 So. 3d 635 (Fla. 4th DCA 2013)…3). “A special condition of probation is invalid if a condition has no relationship to the crime committed, relates to conduct which is not in itself criminal or forbids conduct that is not reasonably related to future criminality.” A.M.B. v. State, 917 So. 2d 239, 240 (Fla. 5th DCA 2005) (quoting Trent v. State, 770 So. 2d 1272, 1274 (Fla. 4th DCA 2000)). Here, the condition is invalid under that test. There is no evidence in the record that the condition has any relationship to the crime charged; it is not…
Authorities Cited
- Denson Emory Grate v. State, 623 So. 2d 591 (Fla. 5th DCA 1993)
- Trent v. State, 770 So. 2d 1272 (Fla. 4th DCA 2000)
- Joshua LAW v. State, 705 So. 2d 632 (Fla. 5th DCA 1998)