Levandoski v. State

The Supreme Court disapproved the decision of the First District Court of Appeal in Snow v. State, 157 So. 3d 559 (Fla. 1st DCA 2015) on the issue of whether a trial court is required to pronounce orally each condition of “sex offender probation” contained in Fla. Stat. 948.30 when the defendant is not convicted of one of the section’s enumerated offenses.Petitioner was convicted of sex offenses, and the trial court imposed fifteen years of “sex offender probation.” Petitioner later moved to strike the section 948.30 conditions of probation that were included in the written order of sex offender probation on the ground that they constituted an illegal sentence because they were neither mandatory under the statute nor orally pronounced at sentencing. The trial court denied Petitioner’s request. The Fourth District affirmed. The Supreme Court affirmed, holding that due process was satisfied under the circumstances of this case. View "Levandoski v. State" on Justia Law