Legal Opinion · Concurring in part, dissenting in part

Michael Levandoski v. State of Florida

Supreme Court of Florida

Decided June 7, 2018No. SC17-962Published

1Concurring in part, dissenting in partPariente, J.

*650I agree that Levandoski should have raised the claim regarding the special conditions of sex offender probation through a rule 3.800(b) motion. Thus, I would approve the result reached by the Fourth District Court of Appeal, not on the merits, but because Levandoski's claim is procedurally barred. See majority op. at 648. Additionally, for that reason, the majority's discussion of why the special conditions of probation need not have been orally pronounced is unnecessary in this case.

Nevertheless, because the majority has chosen to address the merits of a claim that they assert is…

2Cases cited9 opinions

  1. State v. HartSupreme Court of Florida · 1996
  2. Justice v. StateSupreme Court of Florida · 1996
  3. Lawson v. StateSupreme Court of Florida · 2007
  4. State of Florida v. Dean Alden ShelleySupreme Court of Florida · 2015
  5. State v. WilliamsSupreme Court of Florida · 1998

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