5D09-4342 Gabriel Velez-Pizzini v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D09-4342

Case Date: 01/24/2011

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2011

GABRIEL MANUEL VELEZ-PIZZINI, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed January 28, 2011 Appeal from the Circuit Court for Marion County, Edward L. Scott, Judge. Fritz J. Scheller, of Fritz Scheller, P.L., Winter Park, and Terrence E. Kehoe, of Law Offices of Terrence E. Kehoe, Orlando, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Appellee. CASE NO. 5D09-4342

PER CURIAM. Gabriel Velez-Pizzini appeals his convictions for lewd and lascivious molestation of a child, lewd and lascivious solicitation of a child and attempted evidence tampering. We find no reversible error with respect to any issue affecting the convictions, and affirm them without further discussion. We agree with appellant, however, that the trial court

erred in assessing "First Step Program" costs as a written (but not oral) special condition of probation.1 Section 948.039, Florida Statutes (2009), mandates that trial courts impose special conditions of probation by oral pronouncement and written order. Such special conditions include requirements that the offender "[p]ay not more than $1 per month during the term of probation or community control to a nonprofit organization established for the sole purpose of supplementing the rehabilitative efforts of the Department of Corrections."

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