Opinion
No. 4D00-407.
December 27, 2000.
Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Martin County; Cynthia Angelos, Judge; L.T. Case No. 99-228CFA.
Richard D. Kibbey of Kibbey Barlow, Stuart, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and August A. Bonavita, Assistant Attorney General, West Palm Beach, for appellee.
Appellant Robert Muzzo entered a negotiated plea of no contest to violating section 943.0435 (3), Florida Statutes (2000), which requires a sexual offender to report to the Department of Motor Vehicles within forty-eight hours after making the report required by section 943.0435 (2) after a change in permanent or temporary residence. The terms of the plea agreement were that the defendant would receive two years probation, without special conditions, with adjudication left to the court's discretion.
Over Muzzo's objection, the trial court imposed two special conditions of probation not contemplated by the plea agreement. The imposition of the special conditions would have been mandatory if section 948.03 (5), Florida Statutes (2000) applied. See § 948.03 (5)(a)3 5, Fla. Stat. (2000). However, the crime to which Muzzo entered his plea is not one of the crimes enumerated in section 948.03 (5)(a). We reverse that portion of Muzzo's sentence imposing the two conditions of probation at issue and remand to the trial court to strike those conditions. See Lee v. State, 766 So.2d 374 (Fla. 1st DCA 2000).
DELL, KLEIN and GROSS, JJ., concur.