RODRIGUEZ CARMONA v. STATE (2021)

Appellant, Joel Rodriguez-Carmona, was found guilty of armed burglary of a dwelling, false imprisonment, and four counts of sexual battery. Appellant filed a motion to correct a sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b)(2). Appellant claimed the trial court erred by imposing a special condition of sex offender probation under section 948.30(1)(b), Florida Statutes (2018), which prohibited him from living within 1,000 feet of any school, daycare center, park, playground, or other places where children regularly congregate.

The State concedes error. The victim in this case was not under the age of 18 as required by section 948.30(1)(b). Similarly, the crimes did not involve a minor child so the special condition was not reasonably related to Appellant's rehabilitation. See Villanueva v. State, 200 So. 3d 47, 54 (Fla. 2016) (citing Biller v. State, 618 So. 2d 734, 735 (Fla. 1993)).

Accordingly, we REVERSE and REMAND with directions that the trial court strike the special condition of Appellant's sex offender probation prohibiting him from living within 1,000 feet of any school, child care facility, park, playground, or other places where children regularly congregate.

Per Curiam.

Rowe, Osterhaus, and Long, JJ., concur.