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645 So. 2d 592

Docket No. 93-04212.

Jennings v. State

William E. JENNINGS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided November 23, 1994.

District Court of Appeal of Florida · decided 1994-11-23

Cited by 10 later decisions — most recently November 1997

10 state decisions

Key passage — most relied on by later courts

“(4) You will neither possess, carry, or own any weapons or firearms without first securing the consent of your Community Control/Probation Officer. .... (6) You will not use intoxicants to excess; nor will you visit places where intoxicants, drugs or other dangerous substances are unlawfully sold, dispensed or used. .... (11) While on Community Control you will maintain an hourly accounting of all your activities on a daily log which you will submit to Community Control Officer upon request. .... (15) You will pay to First Step, Inc. the sum of Twelve Dollars ($12.00) per year for each year of Community Control/Probation ordered, on or before ninety days from the date of this Order. .... (18) You shall submit to and pay for an evaluation to determine whether or not you have any treatable problem with alcohol and/or illegal drug. If you have said problem, you are to submit to, pay for, and successfully complete any recommended treatment program as a result of said evaluation, all to be completed at the discretion of your Probation Officer. (19) You will pay $50.00 per month towards court costs in the amount of $300.00 as ordered by this Court commencing with the first month of probation or community control under the terms of this Order until paid in full.”

quoted by 5 later decisions, including Vasquez v. State, Curry v. State

“struck that portion of the condition referring to the consent of the probation officer.”

quoted by 1 later decision, including 701 So. 2d 372 - Houston v. State

Relies on 645 So. 2d 1 - Tomlinson v. State · Pagan v. State · 613 So. 2d 558 - Brown v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1994-11-23

View the full empirical analysis of this case →

¶1*593 James Marion Moorman, Public Defender, and William B. Fredericks, Asst. Public Defender, Bartow, for appellant.

¶2Robert A. Butterworth, Atty. Gen., Tallahassee, and Anne Y. Swing, Asst. Atty. Gen., Tampa, for appellee.

¶3CAMPBELL, Judge.

¶4Appellant challenges three conditions of his probation on the grounds that they are special conditions of probation and, as such, must be pronounced in open court in order to be valid. He argues that the court's failure to do so renders the conditions invalid. We agree as to certain of the conditions.

¶5Appellant challenges the following three conditions of probation:

4. You will neither possess, carry, or own any weapons or firearms without first securing the consent of your probation officer.
... .
6. You will not use intoxicants to excess; nor will you visit places where intoxicants, drugs, or other dangerous substances are unlawfully sold, dispensed or used.
7. You will work diligently at a lawful occupation and support any dependents to the best of your ability as directed by your probation officer.

¶6We consider first the firearm possession prohibition contained in condition four and conclude that since this special condition improperly implies that a felon could possess a firearm with the consent of his probation officer, that portion of the condition referring to the consent of the probation officer must be stricken. See Pagan v. State,637 So.2d 959 (Fla. 2d DCA 1994). The remainder of the condition is a valid general condition that need not be orally pronounced. See § 790.23, Fla. Stat. (1993).

¶7We next consider condition six, concerning the use of intoxicants. In Tomlinson v. State,645 So.2d 1 (Fla. 2d DCA 1994), this court held that that portion of condition six that prohibits a probationer from visiting places where intoxicants are illegally sold is valid as a more precise definition of a general *594 prohibition and, as such, need not be orally pronounced. However, we further held that that portion of condition six prohibiting the excessive use of those substances must be stricken if not orally pronounced. Since that condition was not orally pronounced here, we must strike that portion of condition six concerning the excessive use of intoxicants.

¶8Finally, we consider condition seven, requiring appellant to work diligently to support his dependents to the best of his ability. We found that this condition need not be orally pronounced in Brown v. State,613 So.2d 558 (Fla. 2d DCA 1993), because it is statutorily authorized by section 948.03, Florida Statutes (1993), thus making it a general condition that need not be orally pronounced. Accordingly, we find no error in its imposition here.

¶9We, therefore, affirm imposition of condition seven, that portion of condition six that prohibits appellant from visiting places where intoxicants are unlawfully sold, dispensed or used, and that portion of condition four that prohibits appellant from possessing, carrying or owning a firearm. That portion of condition four referring to the consent of the probation officer and that portion of condition six referring to the excessive use of intoxicants are stricken.

¶10FRANK, C.J., and FULMER, J., concur.

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