Hall v. State, 93-03302
| Decision Date | 07 June 1995 |
| Docket Number | No. 93-03302,93-03302 |
| Citation | 661 So.2d 63 |
| Parties | 20 Fla. L. Weekly D1378 Eric Nathaniel HALL, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James Marion Moorman, Public Defender, and John S. Lynch, Asst. Public Defender, Bartow, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Dale E. Tarpley, Asst. Atty. Gen., Tampa, for appellee.
The appellant, Eric Nathaniel Hall, challenges the judgments and sentences imposed upon him after he pled guilty to attempted second degree murder with a firearm and discharging of a firearm from a vehicle, in violation of sections 782.04 and 790.15, Florida Statutes (1991). The appellant was adjudicated guilty and sentenced to serve fifteen years in prison followed by fifteen years probation on the attempted murder charge. He was also sentenced to serve a three year minimum mandatory sentence on that charge. The appellant received a concurrent fifteen year sentence on the discharging a firearm from a vehicle charge. This timely appeal followed.
Although we find no error in the sentences imposed upon the appellant, we find that the trial court erred by imposing certain conditions of probation upon the appellant.
Probation condition (4) states: Since section 790.23, Florida Statutes (1991), makes it unlawful for any person convicted of a felony to own, possess, or have in his care, custody, or control any firearm, that part of the condition prohibiting possessing, carrying, or owning firearms is a general condition for which no oral pronouncement is needed. Fitts v. State, 649 So.2d 300 (Fla. 2d DCA 1995). Therefore, that portion of condition (4) is affirmed. However, that portion of the condition which prohibits the carrying of weapons other than those enumerated in section 790.23 was not orally pronounced at sentencing and it is therefore stricken. Malone v. State, 652 So.2d 902 (Fla. 2d DCA 1995). Furthermore, since the remainder of the condition implies that a felon can possess weapons otherwise prohibited with the consent of his probation officer, that portion is also stricken. Malone.
Probation condition (7) states: ...
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...2d DCA 1995); Cooper v. State, 660 So.2d 811 (Fla. 2d DCA 1995); Williams v. State, 658 So.2d 1172 (Fla. 2d DCA 1995); Hall v. State, 661 So.2d 63 (Fla. 2d DCA 1995); Parsons v. State, 650 So.2d 176 (Fla. 2d DCA 1995).3 In Houston v. State, 701 So.2d 372 (Fla. 2d DCA 1997), we noted that th......
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U.S.A v. Alexander
...Lamb v. State, 668 So.2d 666, 666 (Fla. 2d DCA 1996) (discharging a firearm from a vehicle at a police officer); Hall v. State, 661 So.2d 63, 63 (Fla. 2d DCA 1995) (guilty plea to attempted murder and discharging a firearm from a vehicle). And, as we explained above, Florida law classifies ......
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McCord v. State, 95-2115
...oral pronouncement, the latter must be clear and unambiguous, lacking any language which might be considered vague. See Hall v. State, 661 So.2d 63 (Fla. 2d DCA 1995). In the instant case, after a thorough review of the record, we found that the oral pronouncement was vague regarding two co......