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673 So. 2d 966

A.B.C. v. State

District Court of Appeal of Florida · decided 1996-05-23

Cited by 3 later decisions — most recently November 1996

3 state decisions

Key passage — most relied on by later courts

“the inclusion of the curfew in the written order when neither a curfew nor curfew time was orally pronounced at the adjudicatory hearing.”

quoted by 1 later decision, including ABC v. State

“as a penalty component of community control,”

quoted by 1 later decision, including ABC v. State

Relies on 668 So. 2d 589 - State v. Hart · Nank v. State · SW v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1996-05-23

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MICKLE, Judge.

¶1The appellant, a juvenile, appeals an order imposing community control and including, as a condition thereof, a 7:00 P.M. curfew. Specifically, he challenges the inclusion of the curfew in the written order when neither a curfew nor curfew time was orally pronounced at the adjudicatory hearing. We affirm and certify a conflict. §§ 39.053(2) & 39.054(l)(a), Fla.Stat. (Supp.1994) (including “a curfew” as a penalty component of community control); Fla.R.Juv.P. 8.947; State v. Hart, 668 So.2d 589, 592 (Fla.1996) (general statutory conditions of probation place a defendant on constructive notice and, thus, do not have to be orally pronounced prior to entry of written order, whereas special statutory conditions, i.e., those “not statutorily authorized,” must be orally pronounced); Nank v. State, 646 So.2d 762, 763 (Fla. 2d DCA 1994). We certify conflict with S.W. v. State, 666 So.2d 600 (Fla. 4th DCA 1996) (striking condition of juvenile’s community control requiring 60 hours of community service because that general condition was not orally pronounced, even though community service is an allowable condition listed in the above-cited statutes), which, we note in fairness to our sister court, was decided prior to the supreme court’s decision in Hart.

¶2AFFIRMED.

MINER and WEBSTER, JJ., concur.
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