KIRIAZES v. STATE

No. 5D00-3203.

798 So.2d 789 (2001)

Kevin KIRIAZES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied November 8, 2001.


Attorney(s) appearing for the Case

Michael J. Snure and Ian D. Midgley of Kirkconnell, Lindsey & Snure, P.A., Winter Park, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Denise O. Simpson, Assistant Attorney General, Daytona Beach, for Appellee.


SAWAYA, J.

We are here confronted with an issue that appears to be one of first impression in Florida. That issue is whether a trial court may sua sponte impose standard conditions of probation on a defendant seventeen months after he was originally sentenced. We hold that it is impermissible to do so and, therefore, reverse the trial court's order which imposes the statutory conditions contained in section 948.03(5)(a) and (b), Florida Statutes, as conditions of...

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