618 So. 2d 734 (Fla. 1993)

From Casetext: Smarter Legal Research

Biller v. State

Supreme Court of Florida

May 20, 1993

618 So. 2d 734 (Fla. 1993)

Summary

holding condition of probation that was unrelated to offender's crime "could not be legally imposed"

Summary of this case from State v. Lathrop

See 16 Summaries

Opinion

No. 80613.

May 20, 1993.

Appeal from the Circuit Court, Broward County, J. Lunard Fleet, J.

Richard L. Jorandby, Public Defender and Robert Friedman, Asst. Public Defender, West Palm Beach, for petitioner.

Robert A. Butterworth, Atty. Gen., Joan Fowler, Bureau Chief, Sr. Asst. Atty. Gen. and Carol Cobourn Asbury, Asst. Atty. Gen., West Palm Beach, for respondent.

GRIMES, Justice.

We review Biller v. State, 604 So.2d 16 (Fla. 4th DCA 1992), because of its conflict with Stonebraker v. State, 594 So.2d 351 (Fla. 2d DCA 1992), Wilkinson v. State, 388 So.2d 1322 (Fla. 5th DCA 1980), and Rodriguez v. State, 378 So.2d 7 (Fla. 2d DCA 1979). We have jurisdiction pursuant to article V, section 3(b)(3) of the Florida Constitution.

Biller was convicted of carrying a concealed firearm and carrying a concealed weapon and was placed on probation with the special condition that he not use or possess alcoholic beverages. In rejecting Biller's objection to this condition, the trial judge reasoned that he "should refrain from the ingestion of any alcohol in order not to be in a position in which his judgment would be impaired which would cause him to repeat the activities for which he now stands convicted which results in impaired judgment under these circumstances."

The district court of appeal acknowledged that there was nothing in the record suggesting any relationship between Biller's behavior and the use of alcohol. Notwithstanding, the court upheld the challenged condition. The court concluded that in the exercise of discretion the trial judge could properly require abstinence from the use or possession of alcohol as a tool in rehabilitation.

In Rodriguez, the Second District Court of Appeal noted that constitutional rights of probationers are limited by conditions of probation which are desirable for purposes of rehabilitation. The court stated:

In determining whether a condition of probation is reasonably related to rehabilitation, we believe that 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.

Rodriguez, 378 So.2d at 9. Accord Wilkinson. In Stonebraker, the court invalidated a condition of probation relating to the use of alcohol or visiting premises upon which alcohol or intoxicants were sold. However, the opinion only gave as a reason that such conditions were unrelated to the crime for which the defendant had been convicted and made no reference to the other two circumstances under which Rodriguez would permit a condition to be imposed.

We believe that Rodriguez correctly states the law with respect to special conditions imposed upon individual probationers. While the judge need not make a finding, a special condition of probation, when challenged on grounds of relevancy, will only be upheld if the record supports at least one of the circumstances outlined in Rodriguez. With respect to Biller, there was nothing connecting any use of alcohol with the crimes with which he stands convicted, and the use of alcohol by adults is legal. Furthermore, there was nothing in the record, such as information in a presentence investigation report, which would suggest that Biller has a propensity towards alcohol or that his judgment becomes impaired as a consequence of using it. Therefore, this condition of probation could not be legally imposed.

There are many general conditions imposed upon most, if not all, probationers which are broadly directed toward supervision and rehabilitation. The requirements of Rodriguez v. State, 378 So.2d 7 (Fla. 2d DCA 1979), are not applicable to these conditions.

We quash the decision below with directions to strike the prohibition against the use or possession of alcohol as a condition of Biller's probation.

It is so ordered.

BARKETT, C.J., and OVERTON, McDONALD, SHAW, KOGAN and HARDING, JJ., concur.

Summaries of

Biller v. State

Supreme Court of Florida

May 20, 1993

618 So. 2d 734 (Fla. 1993)

holding condition of probation that was unrelated to offender's crime "could not be legally imposed"

Summary of this case from State v. Lathrop

holding that condition in probation agreement which prohibited defendant convicted of carrying a concealed weapon from using or possessing alcohol was improper because there was no evidence to connect the use of alcohol with the crime he was convicted of or that he had a propensity towards alcohol

Summary of this case from Carswell v. State

holding that a requirement that the defendant not use or possess alcoholic beverages should not have been imposed as a special condition of probation

Summary of this case from M.C.L. v. State

setting aside probation condition that offender convicted of carrying concealed firearm refrain from using or possessing alcoholic beverages; condition found unrelated to offense and addressed to noncriminal conduct not related to future criminality

Summary of this case from People v. Brockelman

In Biller, the Florida Supreme Court determined the legality of a special condition of probation prohibiting the petitioner from using alcohol, imposed following a conviction of carrying a concealed firearm.

Summary of this case from Benson v. State

In Biller, the court struck a special condition of probation prohibiting consumption of alcohol for a probationer who had been convicted of carrying a concealed firearm and carrying a concealed weapon.

Summary of this case from Williams v. State

In Biller, the supreme court struck a condition prohibiting the petitioner from using or possessing alcohol while on probation for carrying a concealed firearm and carrying a concealed weapon.

Summary of this case from Austin v. State

In Bitter v. State, 618 So.2d 734 (Fla. 1993), the supreme court found that conditions of probation must relate to the underlying charge.

Summary of this case from Arias v. State

invalidating a probationary condition prohibiting the use or possession of alcohol for a weapons offender when there was no evidence that the offense involved alcohol or that the offender had alcohol problem

Summary of this case from Commonwealth v. Gomes

In Biller, the supreme court found the special condition that the defendant not use or possess alcohol was not reasonably related to his convictions for carrying a concealed firearm and carrying a concealed weapon.

Summary of this case from Carone v. State

In Biller, where the defendant was convicted of carrying a concealed firearm, our supreme court struck a special condition of probation that the defendant not use or possess alcoholic beverages because "there was nothing connecting any use of alcohol with the crimes with which he stands convicted, and the use of alcohol by adults is legal.

Summary of this case from Fernandez v. State

In Biller, the Florida Supreme Court ruled that conditions of probation which limit constitutional rights of probationers must be "desirable for purposes of rehabilitation."

Summary of this case from Cassamassima v. State

In Biller v. State, 618 So.2d 734 (Fla. 1993), the Florida Supreme Court held that there must be a nexus between a condition of probation and the crime committed by the offender.

Summary of this case from McCarthren v. State

In Biller, the appellant made a contemporaneous objection to the trial court's imposition of a condition of probation that prohibited the use of alcohol.

Summary of this case from McCarthren v. State

In Biller v. State, 618 So.2d 734 (Fla. 1993), the Florida Supreme Court quoted from Rodriguez v. State, 378 So.2d 7, 9 (Fla. 2d DCA 1979), which held that a condition of probation is invalid if it (1) has no relation to the crime, (2) relates to conduct which is not in itself criminal, and (3) requires or forbids conduct not reasonably related to future criminal conduct.

Summary of this case from Priest v. State

In Biller, the defendant was convicted of carrying a concealed firearm, and the trial court imposed alcohol related conditions similar to those in the instant case.

Summary of this case from Grate v. State

Biller v. State

Summary

Opinion

Biller v. State

Biller v. State

Case Details

Citations

Citing Cases

Biller v. State

Summary

Opinion

Biller v. State

Biller v. State

Case Details

CitationsCopy Citation

Citing Cases

Citations