STATE v. MILLER

No. 5D03-3695.

888 So.2d 76 (2004)

STATE of Florida, Appellant, v. Brian MILLER, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied December 15, 2004.


Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellant.

Mark C. Bender, Orlando, and David Hill, Orlando, for Appellee.


MONACO, J.

The State of Florida appeals the judgment and sentence imposed by the trial court upon the appellee, Brian Miller. We have jurisdiction pursuant to Rule 9.140(c)(1)(K), Florida Rules of Appellate Procedure. Although Mr. Miller was sentenced as a youthful offender, we conclude that the lower court's failure to impose sex offender conditions as terms of Mr. Miller's probation, as required by section 948.03(5)(a) and (b), Florida Statutes (2002), was erroneous...

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