Murphy v. State, 976 So. 2d 1242 (Fla. 2d DCA 2008). · Go Syfert
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Murphy v. State, 976 So. 2d 1242 (Fla. 2d DCA 2008). Cases Citing This Book View Copy Cite
5 citation events (5 in the last 25 years) across 1 distinct court.
Strongest positive: Hopps v. State (fladistctapp, 2015-02-06)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) Hopps v. State
Fla. Dist. Ct. App. · 2015 · confidence medium
The trial court erred by imposing “a special condition of probation that purports to divest the Department of Corrections (DOC) of its authority to recommend early termination.” Murphy v. State, 976 So.2d 1242, 1243 (Fla. 2d DCA 2008); see also Baker v. State, 619 So.2d 411, 412 (Fla. 2d DCA 1993) (“[A] trial judge is not authorized to divest the Department of Corrections of its authority to recommend early termination of probation.”).
cited Cited "see" Casey Vassar v. State of Florida
Fla. Dist. Ct. App. · 2025 · signal: see · confidence high
See Murphy v. State, 976 So. 2d 1242, 1243 (Fla. 2d DCA 2008) (“The trial court erroneously imposed a no early termination of probation condition. . . .
cited Cited "see, e.g." O.P. v. State
Fla. Dist. Ct. App. · 2018 · signal: see, e.g. · confidence low
See, e.g., Murphy v. State, 976 So. 2d 1242 (Fla. 2d DCA 2008); Arriaga v. State, 666 So. 2d 949 (Fla. 4th DCA 1996).
discussed Cited "see, e.g." State v. LaFave
Fla. Dist. Ct. App. · 2012 · signal: see, e.g. · confidence medium
See, e.g., Murphy v. State, 976 So.2d 1242, 1243 (Fla. 2d DCA 2008); Swedish v. State, 724 So.2d 640, 640 (Fla. 2d DCA 1999); Jones v. State, 666 So.2d 191, 192 (Fla. 2d DCA 1995); Baker v. State, 619 So.2d 411, 412 (Fla. 2d DCA 1993); see also Arriaga v. State, 666 So.2d 949, 950 (Fla. 4th DCA 1996).
Retrieving the full opinion text from the archive…
Robert MURPHY
v.
STATE of Florida
No. 2D06-2589.
District Court of Appeal of Florida, Second District.
Mar 28, 2008.
976 So. 2d 1242
James Marion Moorman, Public Defender, and Brad Permar, Assistant Public Defender, Bartow, for Appellant., Bill McCollum, Attorney General, Tallahassee, and Dale E. Tarpley, Assistant Attorney General, Tampa, for Appellee.
Casanueva, Larose, Whatley.
Cited by 4 opinions  |  Published
LaROSE, Judge.

Robert Murphy appeals his conviction and sentence for driving under the influence of alcoholic beverages, third or subsequent conviction, and driving while license suspended, third or subsequent conviction. See §§ 316.193(2)(b)(l), 322.34(2)(c), Fla. Stat. (2005). Mr. Murphy raises five claims, only one of which has merit. The trial court erroneously imposed a no early termination of probation condition. We reverse on that point.

The trial court orally pronounced a sentence of eleven months and twenty-nine days in county jail followed by five years of probation. The written judgment and sentence included the additional condition of no early termination of probation. Mr. Murphy challenged this condition in a motion to correct sentencing error. See Fla. R.Crim. P. 3.800(b)(2). The trial judge denied relief, concluding that Mr. Murphy waived the issue by not objecting at the sentencing hearing. The sentencing transcript reflects, however, that Mr. Murphy could not object earlier because the trial court did not orally pronounce this condition. Therefore, he properly raised and preserved the issue for appeal. See Amendments to Florida Rules of Criminal Procedure 3.111(e) & 3.800 & Florida Rules of Appellate Procedure 9.020(h), 9.UO, & 9.600, 761 So.2d 1015, 1016, 1017 (Fla.2000) (stating rule 3.800(b) provides mechanism to correct sentencing error when written sentence deviates from oral pronouncement).

The trial court may not impose a special condition of probation that purports to divest the Department of Corrections (DOC) of its authority to recommend early termination of Mr. Murphy’s probation.[1] See § 948.04(3), Fla. Stat. (2005); Swedish v. State, 724 So.2d 640, 640 (Fla. 2d DCA 1999); Baker v. State, 619 So.2d 411, 412 (Fla. 2d DCA 1993). Additionally, the trial court may not prevent the circuit court from exercising its discretion to discharge Mr. Murphy in the future. See § 948.05, Fla. Stat. (1991); Baker, 619 So.2d at 412.

The State concedes error. Therefore, we direct the trial court, on remand, to strike the special condition of probation and to correct the sentence and probation order so that the DOC is aware that the special condition no longer exists. We affirm on Mr. Murphy’s remaining claims without further discussion.

Reversed and remanded with directions.

WHATLEY and CASANUEVA, JJ., Concur.
1

This special condition is a substantive error that is correctable on appeal where preserved • with a rule 3.800(b)(2) motion. Cf. Ladson v. State, 955 So.2d 612, 613 (Fla. 2d DCA 2007) (affirming unpronounced, but otherwise proper, special condition of probation raised in rule 3.800(b) motion); Grubb v. State, 922 So.2d 1002, 1004 (Fla. 5th DCA 2006) (same).