5D01-2753 Queen v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D01-2753

Case Date: 12/23/2002

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2002

DAVID T. QUEEN, Appellant, v. STATE OF FLORIDA, Appellee. ______________________________/ Opinion filed December 27, 2002 Appeal from the Circuit Court for St. Johns County, Robert K. Mathis, Judge. James B. Gibson, Public Defender, and Brynn Newton, Assistant Public Defender, Daytona Beach, for Appellant. Richard E. Doran, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee. SHARP, W., J. Queen appeals from two orders rendered by the trialcourt: the first order placed him on probation, ordered him to pay restitution to the City of St. Augustine, and reserved the amount to be paid; and a subsequent order filed October 16, 2001, set restitution in the amount of $999.00. We affirm in part, strike conditions (10) and (12), quash the order setting restitution, and remand for further proceedings. CASE NO. 5D01-2753

Queen pled nolo contendere to misdemeanor criminal mischief.1 The trial court withheld adjudication of guilt and placed him on twelve months probation. It also required him to pay restitution, but reserved jurisdiction to set the amount. This order was rendered on August 6, 2001, and Queen filed a notice of appeal on September 6, 2001. On October 15, 2001, the trial court set the restitution amount and filed that order on October 16, 2001. Queen also filed a motion to correct a sentencing error on December 4, 2002, pursuant to Florida Rule of Criminal Procedure 3.800(b)(2), which was not acted on by the trial court. Queen challenges three conditions of his probation because they were not orally pronounced at his sentencing: (10) You will participate in self-improvement programs determined by the Court, or your officer. *** (12) You will hereby waive all extradition rights and process during your term of supervision and agree to comply and return to the State of Florida, and the Court of Jurisdiction, upon official instruction to do so. You will submit to a reasonable search without a Warrant by your officer of your person, effects, residence or vehicle for weapons or firearms, alcoholic beverages, or controlled substances.

(13)

The state concedes that condition (10) is neither statutorily authorized nor contained within the general conditions or probation and thus it must be orally pronounced at sentencing to be validly imposed.

Download 5D01-2753 Queen v. State.pdf