Third District Court of Appeal
State of Florida
Opinion filed May 9, 2018.
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No. 3D16-1685
Lower Tribunal Nos. 11-30848; 12-26223; 12-26477
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Andres Montoya,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Alberto Milian,
Judge.
Carlos J. Martinez, Public Defender, and Jeffrey Paul DeSousa, Assistant
Public Defender, for appellant.
Pamela Jo Bondi, Attorney General, and Douglas J. Glaid, Senior Assistant
Attorney General, for appellee.
Before SUAREZ, SALTER and LUCK, JJ.
ON CONFESSION OF ERROR
PER CURIAM.
Based on the state’s confession of error, with which we agree, we reverse
special condition twelve – “You will have no contact (direct or indirect) with the . .
. victim’s family during the period of probation” – in the community control and
probation portion of defendant Andres Montoya’s sentence, and remand for the
entry of a corrected order of probation that does not contain this condition. See
Scott v. State, 109 So. 3d 866 (Fla. 3d DCA 2013) (“The State properly conceded
that the trial court erred in imposing a written sentence that conflicts with the oral
pronouncement. The written sentence designated the defendant both a prison
releasee reoffender and a habitual felony offender. The oral pronouncement,
however, reflects that the trial court designated the defendant a prison releasee
reoffender only. The oral pronouncement of sentence prevails over a subsequent
and conflicting written sentencing order.”). Montoya’s sentence is affirmed in all
other respects.
Reversed and remanded with instructions.
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