Ladson v. State
Decision Date | 20 April 2007 |
Docket Number | No. 2D05-1116.,2D05-1116. |
Citation | 955 So.2d 612 |
Parties | Mitchell LADSON, Appellant, v. STATE of Florida, Appellee. |
Court | Florida District Court of Appeals |
Bill McCollum, Attorney General, Tallahassee, and Marilyn Muir Beccue, Assistant Attorney General, Tampa, for Appellee.
EN BANC
Mitchell Ladson appeals his convictions and sentences for forgery, uttering a forged instrument, and grand theft. We affirm without discussion Ladson's convictions. We also affirm the sentences imposed but write to address Ladson's challenge to one of the conditions of his probation. Condition eight of the probation order provides: "You will submit to and pay for random testing as directed by the Officer or Professional staff of the treatment center where you are receiving treatment to determine the presence of alcohol or controlled substances." Ladson's appellate counsel filed a motion pursuant to Florida Rule of Criminal Procedure 3.800(b)(2) seeking to strike this condition based on the argument that it is a special condition that the trial court failed to orally pronounce. The trial court denied relief stating: "Pursuant to 948.031(k), this request is DENIED as it is a standard condition."
Grubb v. State, 922 So.2d 1002, 1003 (Fla. 5th DCA 2006) (emphasis added) (quoting State v. Joly, 885 So.2d 921, 923 (Fla. 5th DCA 2004)). Thus, Ladson cannot claim a violation of his due process right to notice and an opportunity to object on appeal because he had the opportunity to assert in a rule 3.800(b) motion any substantive objection to the portion of the condition that requires oral pronouncement. Because Ladson's objection was procedural only and he raised no substantive basis to strike the condition, we affirm.
We recognize that this court continued to strike unpronounced conditions subsequent to the promulgation of rule 3.800(b).1 See, e.g., Martinez v. State, 841 So.2d 632 (Fla. 2d DCA 2003); Crowley, 813 So.2d 1065; Miller, 809 So.2d 101. However, we are persuaded by Grubb that we granted relief in those cases improvidently and, therefore, recede from Martinez, Miller, Crowley, and any other case in which we struck unpronounced conditions even though the appellant was able to challenge those conditions by the rule 3.800(b) procedure.
FULMER, C.J., and ALTENBERND, WHATLEY, NORTHCUTT,
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West v. State
...the condition but, instead, raised only the procedural issue of lack of notice and an opportunity to object. See Ladson v. State, 955 So.2d 612 (Fla. 2d DCA 2007) (en banc); Grubb v. State, 922 So.2d 1002 (Fla. 5th DCA 2006). We distinguish the holdings in Ladson and Grubb. Those decisions ......
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Romano v. State
... ... Although the requirement that Romano pay for testing is a special condition that must be pronounced, he is not entitled to have this special condition stricken where he raised only a procedural objection in his rule 3.800(b) motion. See Ladson v. State, 955 So.2d 612, 613 (Fla. 2d DCA 2007) (en banc) (holding that because a defendant has an opportunity via rule 3.800(b) to raise a substantive objection to the unpronounced special condition requiring him to "pay for" drug testing, procedural due process is satisfied and he is not entitled ... ...
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Murphy v. State
... ... Reversed and remanded with directions ... WHATLEY and CASANUEVA, JJ., Concur ... --------------- ... 1. This special condition is a substantive error that is correctable on appeal where preserved with a rule 3.800(b)(2) motion. Cf. Ladson v. State, 955 So.2d 612, 613 (Fla. 2d DCA 2007) (affirming unpronounced, but otherwise proper, special condition of probation raised in rule 3.800(b) motion); Grubb ... ...
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Thompson v. State
...the defendant has an opportunity to object following the imposition of the special condition of probation. Id. In Ladson v. State, 955 So.2d 612, 613 (Fla. 2d DCA 2007) (en banc), this court concluded that a defendant may be afforded procedural due process through rule 3.800(b) even where t......
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Judgment and sentence
...to be announced, but adding that the defendant must pay for the testing is a special condition that must be announced. Ladson v. State, 955 So. 2d 612 (Fla. 2d DCA 2007) When requiring that defendant do 100 hours of community service at the rate of 5 hours per month, the court should specif......