MICHAEL STURGES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The trial court erred in imposing sex offender probation for aggravated assault, as the crime is not enumerated in the relevant statutes for such treatment.
Appellant was sentenced for aggravated assault with a deadly weapon and treated as a youthful offender, receiving prison time and sex offender probati…
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WARNER, J.
In sentencing appellant for aggravated assault with a deadly weapon, the trial court treated appellant as a youthful offender, imposing a sentence of 364 days in prison, anger management, and five years of sex offender probation pursuant to sections 948.30 and 948.31, Florida Statutes (2005). This was error, as aggravated assault is not one of the enumerated felonies for which those statutory provisions are imposed. See § 948.30(1), Fla. Stat.; Muzzo v. State, 773 So. 2d 1271 (Fla. 4th DCA 2000).
We have addressed a similar issue of statutory interpretation in the context of drug related offenses. Both in Ellis v. State, 816 So. 2d 759 (Fla. 4th DCA 2002), and Epperson v. State, 955 So. 2d 642 (Fla. 4th DCA 2007), we held that a court may not impose drug offender probation pursuant to section 948.034 on conviction for crimes other than those listed in the drug offender probation statute. We interpret the sex offender probation statute in the same manner. Appellant’s sentence is reversed and remanded for resentencing without sexual offender probation. In resentencing, the court may impose probation and special conditions of probation which reasonably relate to the underlying charges. See Biller v. State, 618 So. 2d 734 (Fla.1993).
FARMER and GROSS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Villanueva v. State, 200 So. 3d 47 (Fla. 2016)…that charge was not one enumerated in section 948.30, the trial court imposed — as special conditions of the defendant’s probation — the sex offender conditions found in section 948.30. The Fifth District Court of Appeal relied on Sturges v. State, 980 So. 2d 1108 (Fla. 4th DCA 2008), to find that it was improper to impose the sex offender conditions found in section 948.30 unless the defendant was convicted of a crime specified in that section. Arias, 65 So. 3d at 104. In Sturges, the Fourth District Court…1 / 2
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Snow v. State, 157 So. 3d 559 (Fla. 1st DCA 2015)…of an offense enumerated by the statute. The Fourth and Fifth Districts have held that it is error to impose sex offender probation for an offense not enumerated by section 948.30. Arias v. State, 65 So. 3d 104 (Fla. 5th DCA 2011); Sturges v. State, 980 So. 2d 1108 (Fla. 4th DCA 2008). However, the Third District has explained that the trial court is not precluded from selectively imposing special conditions of sex offender probation that are reasonably related to the crime of which the offender was convicted.…
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Arias v. State, 65 So. 3d 104 (Fla. 5th DCA 2011)…is not one of the crimes enumerated in section 948.30, the trial court felt there was a sexual motive to Arias’ actions and imposed as special conditions of probation the sexual offender conditions set forth in section 948.30. In Sturges v. State, 980 So. 2d 1108 (Fla. 4th DCA 2008), our sister court determined that it is improper to impose sex offender conditions of probation unless the defendant is convicted of a crime specified in section 948.30. In Biller v. State, 618 So. 2d 734 (Fla.1993), the supreme…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Biller v. State, 618 So. 2d 734 (Fla. 1993)
- Ellis v. State, 816 So. 2d 759 (Fla. 4th DCA 2002)
- Epperson v. State, 955 So. 2d 642 (Fla. 4th DCA 2007)
- Muzzo v. State, 773 So. 2d 1271 (Fla. 4th DCA 2000)