Narrative Opinion Summary
All conditions of probation must be orally pronounced during sentencing, unless they are statutorily authorized or based on a Florida statute that provides constructive notice to the defendant. In this case, the condition prohibiting the appellant from using intoxicants to excess was deemed not reasonably related to rehabilitation or the underlying offense. Consequently, the trial court's order revoking the appellant's probation based on this invalid condition is reversed. The case is remanded with instructions to strike the specific condition regarding intoxicants. Judges Glickstein, Klein, and Associate Judge Cynthia G. Angelos concur in the decision.
Legal Issues Addressed
Oral Pronouncement of Probation Conditionssubscribe to see similar legal issues
Application: Probation conditions must be orally pronounced during sentencing unless they are authorized by statute or provide constructive notice to the defendant.
Reasoning: All conditions of probation must be orally pronounced during sentencing, unless they are statutorily authorized or based on a Florida statute that provides constructive notice to the defendant.
Relevance of Probation Conditions to Rehabilitationsubscribe to see similar legal issues
Application: The condition prohibiting the appellant from using intoxicants to excess was found not reasonably related to rehabilitation or the underlying offense, leading to the reversal of the probation revocation.
Reasoning: In this case, the condition prohibiting the appellant from using intoxicants to excess was deemed not reasonably related to rehabilitation or the underlying offense.
Reversal of Probation Revocationsubscribe to see similar legal issues
Application: The trial court's order revoking the appellant's probation based on the invalid condition of excessive intoxicant use was reversed, and the case was remanded to strike the condition.
Reasoning: Consequently, the trial court's order revoking the appellant's probation based on this invalid condition is reversed. The case is remanded with instructions to strike the specific condition regarding intoxicants.