Whitney v. State

On May 6, 2002, Appellant pled no contest to sexual battery, and, based on the negotiated plea, the trial court sentenced him to 12 years’ imprisonment followed by 18 years’ probation. The court imposed a condition of probation curtailing Appellant’s ability to have contact with his wife. Appellant’s appeal from the conviction and sentence was dismissed as untimely.

In June 2012, Appellant filed a motion under Florida Rule of Criminal Procedure 3.800(a) to correct his sentence, alleging that the court’s oral and written pronouncements of the condition prohibiting contact with Appellant’s wife…