Justice v. State, 86264
| Court | United States State Supreme Court of Florida |
| Writing for the Court | PER CURIAM; GRIMES; WELLS |
| Citation | 674 So.2d 123 |
| Parties | 21 Fla. L. Weekly S219 Laurie G. JUSTICE, Petitioner, v. STATE of Florida, Respondent. |
| Docket Number | No. 86264,86264 |
| Decision Date | 23 May 1996 |
Page 123
v.
STATE of Florida, Respondent.
Page 124
Terrence E. Kehoe of the Law Offices of Terrence E. Kehoe, Orlando, for Petitioner.
Robert A. Butterworth, Attorney General and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Respondent.
PER CURIAM.
We have for review Justice v. State, 658 So.2d 1028 (Fla. 5th DCA 1995), which passed upon the following question certified to be of great public importance:
WHERE A SENTENCE IS REVERSED BECAUSE THE TRIAL COURT FAILED TO ORALLY PRONOUNCE CERTAIN SPECIAL CONDITIONS OF PROBATION WHICH LATER APPEARED IN THE WRITTEN SENTENCE, MUST THE COURT SIMPLY STRIKE THE UNANNOUNCED CONDITIONS, OR MAY THE COURT ELECT TO "REIMPOSE" THOSE CONDITIONS AT RESENTENCING?
Id. at 1034.
The decision under review also expressly and directly conflicts with numerous opinions out of the First, Second, and Fourth District Courts of Appeal. 1 We have jurisdiction. Art. V, § 3(b)(3), (4), Fla. Const. For the reasons expressed below, we hold that special conditions of probation must be imposed at sentencing and may not be imposed at resentencing.
TRIAL AND APPELLATE PROCEEDINGS
The petitioner, Laurie Justice, was found guilty of two counts of forgery. At sentencing, the trial court placed Justice on probation and imposed three probation conditions--that Justice pay certain costs, that she not have a checking account, and that she be fingerprinted in open court. However, a subsequent written judgment was entered which contained numerous probation conditions not orally pronounced at sentencing.
Upon appeal, the district court held that a remand was required to resolve the discrepancy between the probation conditions imposed at sentencing and those contained in the written sentencing order. The court also held that the trial court could reimpose the unannounced conditions at resentencing. Justice, 658 So.2d at 1029. Judge Griffin dissented as to this latter holding and the
Page 125
entire panel certified the question for review here.Initially, we note the distinction that has been made in the case law between general and special conditions of probation. In State v. Hart, 668 So.2d 589 (Fla.1996), we held the order of probation form found in Florida Rule of Criminal Procedure 3.986(e) constitutes sufficient notice to probationers of those general terms of probation contained in conditions one through eleven of the form, such that oral pronouncement of these general conditions at sentencing by the trial court is unnecessary. However, under Hart, any other special conditions of probation not contained in paragraphs one through eleven of the rule 3.986(e) form, or in the Florida Statutes on probation, must be orally pronounced and imposed at sentencing.
Justice's probation order contains numerous special probation conditions that were not orally pronounced, and that are not found within the Florida Statutes or contained within the general conditions of the rule 3.986(e) form. Consequently, under Hart, the trial court erred in adding special conditions of probation in the subsequent probation order that were not orally pronounced at the original sentencing hearing.
The requirement that special conditions of probation be pronounced in open court at the time of sentencing arises in part from Florida Rule of Criminal Procedure 3.700(b), which mandates that the sentence or other final disposition "shall be pronounced in open court." The requirement also addresses due process concerns that a defendant have notice and an opportunity to object. See generally Olvey v. State, 609 So.2d 640 (Fla. 2d DCA 1992). Application of the dictates of rule 3.700 to conditions of probation is consistent with our prior holdings that probation is among the sanctions that may be imposed in sentencing in criminal proceedings. See Lippman v. State, 633 So.2d 1061 (Fla.1994); Larson v. State, 572 So.2d 1368 (Fla.1991); see also Poore v. State, 531 So.2d 161, 164 (Fla.1988) (characterizing probation as one of the "five basic sentencing alternatives").
Most of the decisions which strike special conditions of probation not imposed at the sentencing hearing appear to be grounded on a judicial policy that the actual oral imposition of sanctions should...
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Maddox v. State, No. SC92805
...See State v. Williams, 712 So.2d 762, 762-64 (Fla.1998) (correcting error without mentioning preservation requirement); Justice v. State, 674 So.2d 123, 125 (Fla. 1996) We conclude that serious errors resulting from deviations in the written sentence from the oral pronouncement should conti......
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Williams v. State, No. SC05-2163.
...of a sentence controls over the written sentencing document. See Ashley v. State, 850 So.2d 1265, 1268 (Fla. 2003); Justice v. State, 674 So.2d 123, 126 (Fla.1996). When the written document results in a sentence that is more severe than the sentence announced in court, this Court has consi......
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Levandoski v. State, No. SC17–962
...must be stricken because double jeopardy principles prevent them from being imposed at resentencing.245 So.3d 651 Justice v. State , 674 So.2d 123 (Fla. 1996) ; Clussman v. State , 89 So.3d 1093, 1094 (Fla. 1st DCA 2012). Snow I , 157 So.3d at 561–62.Beyond Snow I , this Court has made clea......
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NC v. Anderson, No. SC03-523.
...However, she contends that juveniles should be afforded the same right to an oral pronouncement that adults enjoy. See Justice v. State, 674 So.2d 123, 125 (Fla.1996) (acknowledging that Florida Rule of Criminal Procedure 3.700(b) "mandates that the sentence or other final disposition ......
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Maddox v. State, No. SC92805
...See State v. Williams, 712 So.2d 762, 762-64 (Fla.1998) (correcting error without mentioning preservation requirement); Justice v. State, 674 So.2d 123, 125 (Fla. 1996) We conclude that serious errors resulting from deviations in the written sentence from the oral pronouncement should conti......
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Williams v. State, SC05-2163.
...of a sentence controls over the written sentencing document. See Ashley v. State, 850 So.2d 1265, 1268 (Fla. 2003); Justice v. State, 674 So.2d 123, 126 (Fla.1996). When the written document results in a sentence that is more severe than the sentence announced in court, this Court has consi......
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State v. Akins, SC10–896.
...because the written sentence is usually just a record of the actual sentence required to be pronounced in open court.” Justice v. State, 674 So.2d 123, 125 (Fla.1996) (citing Vasquez v. State, 663 So.2d 1343, 1349 (Fla. 4th DCA 1995)). As a result, when there is a discrepancy between the wr......
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NC v. Anderson, SC03-523.
...However, she contends that juveniles should be afforded the same right to an oral pronouncement that adults enjoy. See Justice v. State, 674 So.2d 123, 125 (Fla.1996) (acknowledging that Florida Rule of Criminal Procedure 3.700(b) "mandates that the sentence or other final disposition `shal......