Victor Villanueva, Petitioner v. State of Florida, Respondent — Pariente, J., Concurring in Part and Dissenting in Part

Summary

Justice Pariente concurred in the conclusion that the trial court could not impose mentally disordered sex offender therapy as a probation condition after the jury acquitted the defendant of the charged sex offense, but she disagreed with the majority's statutory analysis. She would have held that the statute authorizing additional probation conditions for certain sex offenses limits sex offender treatment to defendants convicted of the enumerated offenses. Justice Lewis, dissenting, would have upheld the condition as reasonably related to the conduct underlying the battery conviction, and Justice Canady, dissenting, would have approved the lower court's decision based on the trial court's broad statutory discretion.