Villanueva v. State
118 So. 3d 999
| Fla. Dist. Ct. App. | 2013Background
- Defendant Victor Villanueva was tried for lewd and lascivious molestation of his daughter but acquitted of that charge and convicted of the lesser included offense of misdemeanor battery based on nonconsensual touching of the child's breasts and buttocks.
- The trial court sentenced Villanueva to one year probation, with a special condition requiring sex offender (MDSO) therapy, and announced a 90-day jail term to be served before probation began.
- The written probation order incorrectly stated Villanueva pled guilty (when he was convicted by jury) and did not accurately conform to the oral pronouncement regarding the 90-day jail term.
- Villanueva appealed the imposition of sex offender therapy as a probation condition and challenged scrivener errors in the written order.
- The State conceded errors as to the written order’s inconsistencies; the appellate court affirmed the therapy condition but remanded for ministerial corrections to the written judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether sex-offender therapy is statutorily limited to enumerated sexual offenses | Section 948.30 mandates such therapy only for listed sexual offenses; thus it cannot be imposed outside that list | Trial courts retain broad probation discretion; statute does not bar selective imposition of listed conditions for other offenses | Therapy may be imposed as a special condition outside §948.30’s enumerated list when facts warrant |
| Whether Biller prohibits considering facts beyond the conviction when imposing special conditions | Biller limits relation inquiry to the face of the conviction; facts underlying conviction cannot support unrelated conditions | Court may consider record facts (e.g., PSI, trial evidence) to determine relationship to rehabilitation and future risk | Biller permits consideration of record facts; special condition valid where record shows sexual nature of touching |
| Whether sex-offender therapy is reasonably related to Villanueva’s misdemeanor battery conviction | Therapy is unrelated because conviction is generic battery, not a sexual offense | The only nonconsensual contacts supporting the battery conviction were sexual (breasts/buttocks), linking therapy to rehabilitation | Condition upheld as reasonably related to the crime when considering record facts |
| Whether written sentencing errors require remand | N/A (State concedes) | Written order misstates plea and conflicts with oral sentence, potentially creating illegal sentence | Remand to correct scrivener errors and conform written order to oral pronouncement; corrections are ministerial, defendant need not be present |
Key Cases Cited
- Biller v. State, 618 So.2d 734 (Fla. 1993) (limits on special probation conditions and consideration of record evidence)
- Sturges v. State, 980 So.2d 1108 (Fla. 4th DCA 2008) (rejection of imposing all §948.30 conditions on non-enumerated offenders)
- G.F. v. State, 927 So.2d 62 (Fla. 5th DCA 2006) (striking sex-therapy condition where battery had no sexual component)
- Morris v. State, 26 So.3d 660 (Fla. 4th DCA 2010) (substance-abuse treatment may be imposed as special condition when record links abuse to offense)
- Tucker v. State, 15 So.3d 932 (Fla. 4th DCA 2009) (remand to correct scrivener error in judgment of conviction)