Okwor v. State
The Fourth DCA reversed a revocation of community control/probation because the violations found (curfew violation and failure to follow probation officer instructions) were based on standard conditions that were never orally pronounced at sentencing nor included in the written sentencing order. The court held that a probation officer cannot unilaterally impose standard conditions after sentencing by simply reading them to the defendant.
Key facts
- Okwor was sentenced to community control/probation, and a probation officer subsequently read standard conditions to him after sentencing, though these conditions were never orally pronounced at sentencing nor included in the written sentencing order.
- Okwor was charged with violating his probation based on alleged curfew violations and failure to follow probation officer instructions, which stemmed from the conditions the officer unilaterally imposed after sentencing.
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Why it matters
This decision reaffirms the Fourth DCA's Perez holding and the Florida Supreme Court's Levandoski/Maddox line requiring that standard/general conditions of probation be either orally pronounced at sentencing or included… — full analysis with a trial
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