Supreme Court of Florida

Victor Villanueva, Petitioner v. State of Florida, Respondent — Lewis, J., Dissenting

July 7, 201641 Fla. L. Weekly Supp. 319

Summary

Justice Lewis dissented from the majority's conclusion that the special condition requiring mentally disordered sex offender therapy violated the governing standards for probation conditions. Although she agreed that the statutory provisions were ambiguous and should be read in pari materia, she concluded that the condition was reasonably related to the conduct underlying the battery conviction and was within the trial court's discretion. Justice Canady, dissenting, would likewise have affirmed the lower court based on broad statutory discretion, while Justice Pariente, concurring in part and dissenting in part, would have affirmed the invalidity of the condition but construed the statute as limiting sex-offender treatment to enumerated sex offenses.