Facen v. State
The Third DCA affirmed revocation of Facen's probation for failing to undergo a sex offender evaluation, holding that this requirement fell within the scope of a court-ordered mental health evaluation and treatment condition rather than constituting an impermissible new condition unilaterally imposed by the probation officer. The court remanded only to conform the written sentence to the oral pronouncement.
Key facts
- Facen was placed on probation with a court-ordered condition to undergo mental health evaluation and treatment, including any recommended treatment.
- The probation officer required Facen to undergo a sex offender evaluation as part of the mental health evaluation process; Facen failed to complete this evaluation.
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Why it matters
This opinion reinforces and extends the Sears v. State framework for distinguishing between impermissible new conditions unilaterally imposed by a probation officer and conditions properly falling within the scope of a… — full analysis with a trial
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