green
Positive treatment
0.8 score
Top citers, strongest first. 1 distinct citer.
cited
Cited "see, e.g."
Armstrong v. State
See, e.g., Porchia v. State, 705 So.2d 1050, 1051 (Fla. 5th DCA 1998), approved, 716 So.2d 766 (Fla.1998); Harris v. State, 698 So.2d 343 (Fla. 5th DCA 1997).
STATE of Florida
v.
Repoleon PORCHIA
v.
Repoleon PORCHIA
No. 92657.
Supreme Court of Florida.
Aug 20, 1998.
Robert A. Butterworth, Attorney General, and Maximillian J. Changus, Assistant Attorney General, Daytona Beach, for Petitioner., James B. Gibson, Public Defender, and Dee Ball, Assistant Public Defender, Seventh Judicial Circuit, Daytona Beach, for Respondent.
Anstead, Harding, Kogan, Overton, Pariente, Shaw, Wells.
Cited by 3 opinions | Published
We have for review the following question certified to be of great public importance:
SHOULD THE REQUIREMENT THAT A DEFENDANT PAY FOR DRUG TESTING BE TREATED AS A GENERAL CONDITION OF PROBATION FOR WHICH NOTICE IS PROVIDED BY SECTION 948.09(6), FLORIDA STATUTES (1995), OR SHOULD IT BE TREATED AS A SPECIAL CONDITION THAT REQUIRES ORAL ANNOUNCEMENT?
Porchia v. State, 705 So.2d 1050, 1051 (Fla. 5th DCA 1998). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.
We answered this question in State v. Williams, 712 So.2d 762 (Fla.1998), by holding that the requirement that a defendant pay for drug testing is a special condition of probation which the trial court must pronounce orally at sentencing.
Accordingly, we approve the decision below.
It is so ordered.