State v. Harper

PARKER, Judge.

The State of Florida appeals the sentence the trial court imposed after Johnny J. Harper pleaded no contest to possession of marijuana.1 The State argues that the trial court sentenced Harper to probation with a special condition of outpatient drug treatment in violation of section 948.034, Florida Statutes (1999). Because the trial court improperly applied section 948.034, we are compelled to reverse.

The charge in this case arose from police officers’ surveillance of Harper from behind a fence in a yard. Through the *1244slots in the fence, the officers noticed that Harper was…