Ealy v. State, 95-2874
| Decision Date | 23 October 1996 |
| Docket Number | No. 95-2874,95-2874 |
| Citation | 681 So.2d 914 |
| Parties | 21 Fla. L. Weekly D2293 Johnny EALY, Appellant, v. STATE of Florida, Appellee. Fourth District |
| Court | Florida District Court of Appeals |
Richard L. Jorandby, Public Defender, and Karen E. Ehrlich, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Aubin Wade Robinson, Assistant
Attorney General, West Palm Beach, for appellee.
Appellant entered a plea of no contest and was sentenced to one year in jail followed by one year of drug offender probation. The written order of probation included three special probation conditions that were not orally pronounced at sentencing. We reverse the imposition of these three conditions not orally pronounced and remand.
Probation conditions that are not set out in sections 948.03-.034, Florida Statutes (1995), and Florida Rule of Criminal Procedure 3.986(e), are special conditions that must be pronounced during sentencing in open court. State v. Hart, 668 So.2d 589, 591-93 (Fla.1996). If such conditions are not orally pronounced at sentencing, the trial court must strike the unannounced conditions. Justice v. State, 674 So.2d 123, 125 (Fla.1996).
In the instant case, the written probation order included conditions requiring Appellant to observe a curfew, report daily to his probation officer if not employed, and enroll in a Drug Awareness Course. These three conditions were not orally pronounced at sentencing and are not among the general conditions set out in sections 948.03-.034, Florida Statutes (1995), or Florida Rule of Criminal Procedure 3.986(e). Accordingly, we reverse the trial court's probation order as it pertains to the three special written conditions not orally pronounced at sentencing and remand for the trial court to strike said conditions.
REVERSED AND REMANDED.
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Tory v. State
...have been orally pronounced and, therefore, must be stricken. See Justice v. State, 674 So.2d 123, 125 (Fla.1996); Ealy v. State, 681 So.2d 914 (Fla. 4th DCA 1996). Appellant next contends that section 948.01(13)(a), Florida Statutes, is unconstitutional on its face as an unlawful delegatio......
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Bunn v. State, 95-2672
...officer and enter a drug awareness course, are also special conditions of probation which must be orally pronounced. See Ealy v. State, 681 So.2d 914 (Fla. 4th DCA 1996). Because these conditions were not orally pronounced, they must be stricken. See Tory v. State, 686 So.2d 689 (Fla. 4th D......