RENNIE CARTY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Rennie Carty was convicted of resisting an officer without violence and sentenced to probation with a special condition requiring completion of a batterer's intervention program. The appellate court reversed this condition, holding that it was not reasonably related to the crime of conviction or rehabilitation.
The batterer's intervention program condition is invalid because it has no relationship to the crime of conviction (resisting an officer without violence) and there is no evidence in the record suggesting the appellant has a propensity toward domestic violence. Acquittal on the battery and burglary charges precludes using those charges to justify the condition.
[1] A condition of probation is invalid if it has no relationship to the crime of which the offender was convicted.
[2] A condition of probation is invalid if it relates to conduct which is not in itself criminal.
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Join FLexlaw to unlock all legal intelligence“to be valid, the condition must be "reasonably related to rehabilitation."”
Establishes the legal standard for validity of probation conditions
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Join FLexlaw to unlock all legal intelligenceCarty was charged with battery, burglary of a conveyance with assault, and resisting an officer without violence. A jury acquitted him of the battery …
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Appellant was convicted of resisting an officer without violence. He was sentenced to probation which included a special condition requiring him to complete a batterer’s intervention program. Appellant contends that this condition is invalid because it is not reasonably related to his rehabilitation. We agree and reverse.
Appellant was originally charged with battery, burglary of a conveyance with assault, and resisting an officer without violence. The jury acquitted him of the battery and burglary charges, but returned a guilty verdict on the resisting charge. Nonetheless, the trial court included the batterer’s intervention program as a special condition of Appellant’s probation.
The trial court has broad discretion in imposing conditions of probation, but to be valid, the condition must be “reasonably related to rehabilitation.” Stephens v. State, 659 So.2d 1303, 1304 (Fla. 1st DCA 1995). “In determining whether a condition of probation is reasonably related to rehabilitation, ... a condition is invalid if it (1) has no relationship to the crime of which the offender was convicted, (2) relates to conduct which is not in itself criminal, and (3) requires or forbids conduct which is not reasonably related to future criminality.” Biller v. State, 618 So.2d 734, 734-35 (Fla.1993) (quoting Rodriguez v. State, 378 So.2d 7, 9 (Fla. 2d DCA 1979)).
Here, the batterer’s intervention program has no relationship to Appellant’s conviction for resisting an officer without violence, and there is nothing in the record to suggest that Appellant has a propensity towards domestic violence. The fact that Appellant was also charged with battery and burglary of a conveyance with assault does not justify the condition requiring Appellant to complete a batterer’s intervention program because the jury acquitted Appellant of those charges. Accordingly, the condition is invalid.
For these reasons, we reverse the portion of Appellant’s sentence requiring him to complete a batterer’s intervention program and remand for the trial court to strike that condition of probation.
REVERSED and REMANDED with instructions.
BENTON, C.J., WETHERELL, and RAY, JJ., concur.
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Citator
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Williams v. State, 182 So. 3d 912 (Fla. 2d DCA 2016)…minality. Insofar as the special conditions prohibited his use or possession of alcohol, we disagree. II. " Although a sentencing court enjoys broad discretion in fashioning special conditions to probation, it is not unbounded. See Carty v. State, 79 So. 3d 239, 240 (Fla. 1st DCA 2012) (“The trial court has broad discretion in imposing conditions of probation, but to be valid, the condition must be ‘reasonably related to rehabilitation.’ ” (quoting Stephens v. State, 659 So. 2d 1303, 1304 (Fla. 1st DCA 199…
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Maxon Louis v. State, 201 So. 3d 190 (Fla. 2d DCA 2016)…strike the special condition of Louis’s probation requiring him to obtain a GED. A sentencing court has broad discretion in imposing a special condition to probation, but the condition “must be reasonably related, to rehabilitation.” Carty v. State, 79 So. 3d 239, 240 (Fla. 1st DCA 2012); see also Williams v. State, 182 So. 3d 912, 913 (Fla. 2d DCA 2016). A special condition “is invalid if it (1) has no relationship to the crime of which the offender was convicted, (2) relates to conduct which is not in itse…
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Ludwine Francois v. State (Fla. 4th DCA 2022)…emphasis added); § 741.28(2), Fla. Stat. (2019) (“‘Domestic violence’ means … any criminal offense resulting in physical injury or death of one family or household member by another family or household member.”) (emphasis added); Carty v. State, 79 So. 3d 239, 240 (Fla. 1st DCA 2012) (“Here, the batterer’s intervention program has no relationship to Appellant’s conviction for resisting an officer without violence, and there is nothing in the record to suggest that Appellant has a propensity towards do…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Biller v. State, 618 So. 2d 734 (Fla. 1993)
- Rodriguez v. State, 378 So. 2d 7 (Fla. 2d DCA 1979)
- Stephens v. State, 659 So. 2d 1303 (Fla. 1st DCA 1995)