623 So. 2d 637 | Fla. Dist. Ct. App. | 1993
Steven Peterson (“Peterson”) appeals a condition of his probation that was not announced in open court. Peterson entered a plea of nolo contendere to aggravated assault with a deadly weapon. Peterson was sentenced to five years of probation with special conditions. One of the written special conditions the trial judge imposed dealt with a controlled substance, cannabis sativa, and “dangerous substances”:
The defendant shall not use cannabis sati-va. The defendant shall not use other dangerous substances unless prescribed by a physician for defendant.
This special condition of probation has two parts: the prohibition against cannabis sativa and the prohibition against “dangerous substances”. Although the first part of the special condition is duplicative of condition (5) of the standard conditions of proba
We affirm the conviction and the sentence imposed, except we remand to the trial court to delete the second part of the special condition written above.
JUDGMENT AFFIRMED; REMANDED for deletion of second part of the special condition of probation.
. Condition (5) reads: "You will live and remain at liberty without violating any law. A conviction in a court of law shall not be necessary in order for such a violation to constitute a violation of your probation.” Use of cannabis sativa is a violation of sections 893.13(l)(a) and 893.-13(l)(g) Florida Statutes (1991).