Florida District Courts of Appeal, 2015

Dorsey v. State

Dorsey v. State
Florida District Courts of Appeal · Decided August 4, 2015 · Bilbrey, Rowe, Swanson
169 So. 3d 1286; 2015 Fla. App. LEXIS 11654; 2015 WL 4622738 (Southern Reporter, Third Series)

Dorsey v. State

Opinion of the Court

PER CURIAM.

We affirm appellant’s conviction and sentence for unlawful use of a computer service in all respects but one. Appellant filed a motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b)(2), claiming it was error to impose sex offender probation because unlawful use of a computer service was not an enumerated offense under section 948.30, Florida Statutes (2012). The trial court granted the motion and, over appellant’s objection, attempted to remedy the error by selectively imposing special conditions of sex offender probation at resen-tencing. We agree with appellant that this violated the constitutional prohibition against double jeopardy. See Snow v. State, 157 So.3d 559, 561 (Fla. 1st DCA 2015). Accordingly, we reverse and remand with directions that the trial court strike the special conditions of sex offender probation. Id.

*1287AFFIRMED in part; REVERSED in part; and REMANDED with directions.

ROWE, SWANSON, and BILBREY, JJ., concur.

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