Casey Anthony Probation

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    IN THE CIRCUIT COURT OF THENINTH JUDICIAL CIRCUIT IN ANDF OR O RANG E COUNTY, FLORIDA

    CASE N UMBER : 48-2008-C Fw13331-AOSTATE OF FLORIDA,

    Plaintiff,v.CASEY MAR JE ANTHONY,

    Defendant.____________________________ 1ORDER ON DEFENDANT'S EMERGENCY MOTION TO QUASH, VACATE,ANDSET ASIDE COURT'S ORDERThis matter came before the Court on August 6,2011, on the Defendant's request to

    quash, vacate, and set aside the amended order of the Honorable Stan Strickland. The amendedOrder was entered by Judge Strickland on July 29,2011, n un c p ro tun c to January 25, 2010. Thedefense contends that Judge Strickland lacked jurisdiction to enter the Order and that the Orderviolated the Defendant's right to due process of law an d violated the double jeopardy provisionof the Constitution.

    Facts ofthe CaseOn January 25, 2010, the Defendant, Casey Marie Anthony, with her counsel, Jose Baez,

    tendered a plea to the Court to all 13 counts contained in the Information. After the Defendant'splea was accepted, Mr. Baez asked the Court to withhold adjudication of guilt on all counts, give

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    her credit for time served, and "due to statutory requirements give her a short probationary periodof approximately one year following, and an y credit for time served that the court would give."

    Assistant State Attorney Frank George recommended to the Court that the Defendants hou ld b e adj ud ic at ed guilty on all 13 c ou nts and b e s ente nc ed to a straig ht inc arc erative se nte nc ewith no probation to follow. Mr. George said the following concerning placing the Defendant onprobation:

    There's no earthly point in putting Miss Anthony on probation; which, in effect, iscommunity supervision. She is being supervised 24 hours a day. She is in jail.And she will be so for the very foreseeable future, and maybe for the rest of herlife.The Court adjudged the Defendant guilty of counts 1, 2 , 3, 6, 9, and 12 and sentenced her

    to time served of 412 days. No probation was ordered on those counts.The Court withheld adjudication of guilt as to counts 4, 5, 7, 8, 10, 11 , and 13 and

    sentenced her to one year supervised probation. The Defendant was also sentenced on thosecounts to 412 days in jail with credit for 412 days.

    Concerning when the probationary sentence was to begin, Judge Strickland, in h is oralpronouncement, stated:

    So what I'm gonna do On those counts that I'm ordering probation and giving herwithholds - - again, that's Counts 5,8; 1 1 - - three of the four fraudulent personalID counts - - there's gonna be a withhold, followed by a year of supervisedprobation, once released - - again, that's an issue here ....

    (emphasis added).It is clear the Court stated the Defendant's probation was to start once she was

    released from jail, Once the Defendant recei ved a sentence of time served of 412 days on counts1, 2, 3, 6, 9, and 12, the only reason that kept her in custody was her no bond status in a separate

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    and distinct case, Case Number 48-2008-CF-IS606-AO on the charges of murder in the firstdegree and other charges contained in the Indictment

    After the Court announced the sentence, the State, through Mr. George, raised the issueconcerning the Defendant's p ro ba ti on s ta rt in g a t a n i nd efin it e time in th e future. The Courtreplied by saying that it may have to tweak it, but it was unsure how to handle the issue otherthan the way it was being handled. Judge Strickland specifically indicated:

    I may have to tweak it. I've been thinking about this, and I'm not sure how else todo it. I don't know that it's that indefinite, because this is coming up and it willnot - - the trial I'm speaking of is coming up within the period that I've got towork with.

    Since it's within the five years that I've got to work with, I think I'm okay. Tellme if you think - - Mr. George, go ahead.Mr. George then stated that Assistant State Attorney Jeff Ashton suggested that the

    Defendant's probation could start that day and the Defendant could do her probation whileincarcerated in the Orange County Jail.

    Mr. Baez alternatively suggested the problem could be resolved by allowing theDefendant to be released on bail in her other pending case, thus freeing her to start her probation.

    In reply to both suggestions, Judge Strickland said, "I'm willing to reconsider and modifythe sentence if there's a better way of doing this. I think everybody's goal is the same and - - Mr.Baez, anything else from you on that," to which Mr. Baez stated no.

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    The Court's final remark about the sentence before advising the Defendant of her right toappeal was:

    I've kind of struggled with the probationary issue, and ['11 give this some thought.If either one of you want to submit something that you think might be better or - -or more realistic, let me know a nd I 'l l certainly consider it. Again, I don't thinkit's so indefinite as to be illegal, but Iet your point. Ifyou think there's a moreproper way, let me know, we can reconvene in short order.The record is clear that the sentences of one year probation on counts 4, 5, 7, 8, 10, 11,

    and 1 3 were to start once the Defendant was released from jail.The Sentencing Order entered by Judge Strickland and prepared by the deputy clerk

    reflected the following language as to counts 4, 5, 7, 8, 10, 11, and 13:Judgment

    Adj udication of Guilt was withheld.Jail

    The defendant is ordered to serve 412 Days(s) in the Orange County Jail withcredit for 412 Oay(s) time served. This count to run concurrent with EACHCOUNT. To be followed by Probation.

    ProbationThe defendant is placed on 1 Year(s) Supervised Probation under the supervisionof the Department of Corrections. This Probation to run concurrent with EACHCOUNT.

    The Order of Probation which was entered at the same time for counts 4,5,7,8, 10, 11,and 13 retlected the following language:

    the defendant having pled guilty to the offense, the Court hereby withholdsadjudication of guilt and sentences you to 412 day(s) in the Orange County Jailwith credit for 412 dayfs) time served. To be followed by 1 year(s) probationconcurrent with each count with the following special condition(s):

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    -----~--------- -----

    No personal contact with the victimThe Order of Probation also contained the so-called standard conditions of probation.

    (See Attachment "A").B ase d u pon th e re cords , th e D efendant w as instru cte d on h er p rob ation c onditions on

    February 2, 2010, by the Department of Corrections while she remained incarcerated in theOrange County Jail awaiting trial on an unrelated case. The Department of Corrections also senta letter to the victim in this case, in care of the Office of the State Attorney, indicating amongother things that the Defendant was currently under supervision of the Department ofCorrections.

    On July 29, 2011, Judge Strickland entered a Corrected Order of Probation requiring theDefendant to report to the probation office upon her release from the Orange County Jail, nuncp ro tu nc , to January 25, 2010. The Court also entered a Corrected Order of Sentencing requiringth e Defendant to report to probation upon her release from the Orange County JaiL TheDefendant was given 72 hours to report to probation. This Order corrected the written Orders inthis case to conform to the oral pronouncement requiring the Defendant begin probation uponrelease from jail.

    In the instant motion, the Defense has asked that the Corrected Orders entered by JudgeStrickland be set aside based upon the grounds of lack of jurisdiction, and violations of dueprocess and of double jeopardy principles.

    Lack ofJuTisdiclion, Double Jeopardv. and Due ProcessThe evidence in this case established the Defendant was sentenced to a probationary

    sentence to began upon her release from jail. Through a clerical error, the judgment did not

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    reflect that, but instead indicated that the Defendant was sentenced to 412 days with credit for412 days to be followed by 1 year supervised probation. The Defendant was also being heldpending trial on the charge of first murder without bail and thus she was not released. It is quiteapparent that the written sentence did not reflect Judge Strickland's oral pronouncement.

    The first question to be addressed is whether the Court had jurisdiction to correctits own written judgment when it does not reflect what was orally pronounced.

    It is axiomatic that oral pronouncements control over clerical errors. Venuti v. State, 437So. 2d 238 (Fla. 5th DCA 1983). The court has the authority to correct its judgment. Mims v.State, 569 So. 2d 864 (Fla. 5th DCA 1990). An order is rendered, valid and binding, when orallygiven. Briseno v, Pem, 417 So. 2d 813 (Fta. 5th DCA 1982), rev. denied, 427 So. 2d 736 (Fla.1983). It may be corrected at any time to reflect what the court had in fact done. Luhrs v. State,394 So. 2d 137 (Fla. 5th DCA 1981). Florida has long recognized a court's inherent power tocorrect clerical errors. Sarorer v. State, 113 So. 736 (Fla. 1927). Lastly, the Florida SupremeCourt, in D' Alessandro v. Tippins, 124 So. 455,456 (Fla. 1929), stated:

    Ifthe first sentence contained clerical or formal errors, the judgment as enteredmay at any time be corrected so as to speak the truth of what was in fact done bythe court.Based upon the cited authority above, it is clear Judge Strickland had the ability to correct

    th e judgment to reflect his oral pronouncement.The next question to be addressed is whether the Court's amending the judgment to

    reflect its oral pronouncement violated double jeopardy principles. The United States

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    Consti tut ion ' and the Florida Constitution' guarantee that no individual will be p u t in je op ar dymore than once for the same offense. The guarantee against double jeopardy consists of three

    separate constitutional protections. It "protects against a second prosecution for the same offenseafter acquittal. It protects against a second prosecution for the same offense after conviction.And it protects against multiple punishments for the same offense." Brown v. Ohio, 432 U.S.161, 165 (1977).

    It is the third protection against mul t ip le punishments for the same offense tha t thedefense alleged occurred in this case. Probation is a sentence in Florida. Larson v. State, 572 So.2d 1368, 1370 (Fla. 1991). The double jeopardy protection against multiple punishmentsincludes the protection against enhancements or extensions of the conditions of probation.Williams v. State, 578 So. 2d 846 (Fla. 4th DCA 1991).

    This case does not involve additional punishment proscribed by the double jeopardyclause nor does it involve a punitive effect by requiring the Defendant to serve probation twice.The Defendant was in jail an d unable to meet the goals and requirements of the probationarysentence. The Defendant could not comply with the standard thirteen conditions of probationwhile incarcerated on a pending charge.

    As the Florida Supreme Court said in Bernhardt v, State, 288 So. 2d 490, 495 (Fla.1974)(citations omitted), "[t]he underlying concept of probation is rehabilitation rather thanpunishment and presupposes the fact that probationer is not in prison confinement." The Fifth

    IThe Fifth Amendment provides that no person shall "be subject for the same offence tobe twice put in jeopardy of life or limb." U. S. Const., Amend. V.

    2 Article I, section 9 of the Florida Constitution provides, in relevant part, that "[n]operson shall be ... twice put in jeopardy for the same offense .... "

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    District Court of Appeal of Florida, in Jones v. State, 96 4 So. 2d 167 , 170 -71 (Fla. 5th DCA2007)(citation omitted), stated:

    It is well settled that a defendant cannot serve a prison te rm and b e on probationsimultaneously. To hold otherwise would be inconsistent with the rehabilitativeconcept of p rob atio n w hic h p re su pp os es th at th e p rob atio ne r is no t in p ris onconfinement. Any term of probation presumed to run when the defendant cannotbe supervised would be a nullity.

    The court also explained that:Simple logic would seem to dictate that, where a defendant is incarcerated .. _,aprobationary period from an unrelated sentence would be tolled since aprobationary term should not be allowed to expire simply because a defendant hasdecided to incur new prison time as a result of a separate and distinct offense.

    State v_Savage, 589 So. 2d 1016, 1018 (Fla. 5th DCA 1991)(citation omitted).Applying this concept, the court in Bradley v. State, 721 So. 2d 775 (Fla. 5th DCA 1998),

    affirmed the trial court's finding that a defendant's community control sentence was tolled duringthe period of his incarceration, and therefore, he was still under state supervision when heviolated the terms of his community control.

    In Bozza v. United States, 330 U. S. 160, 166-67 (1947), the United States SupremeCourt cautioned that the constitutional prohibition against double jeopardy should not be used totum sentencing into "a game in which the wrong move by the judge means immunity for theprisoner. "

    In this case, the State, defense counsel, and the Defendant all knew what the announcedintent of the Court was as to when the Defendant's probation was to begin. All parties knew thatthe Court had ordered that Ms. Anthony's probation was to begin upon her release from custody,not while she was in custody. To permit this error to continue would in fact tum a clerical error

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    into a g am e c au tione d against in the Bozza case. To b ar th e Court from c orre cting a c le ric almistake and to permit th e Defendant to serve probation in jail while awaiting trial on a totally

    unrelated charge without an y possibility of complying with the terms of th e probation orderwould clearly thw art society's interes t in extracting a fu ll, fair, a nd ju st p un is hm e nt for a crime.No one in this case, after the sentence had been announced, had any expectations that th eDefendant would be serving her probation while she was incarcerated awaiting trial.

    To penn it the Defendant, whose counsel was well aware that the probation was to beginupon the Defendant's release from jail, to avoid serving probation now, would take a lawfullyimposed sentence and make it a mockery of justice. This would allow a defendant to takeadvantage of a scrivener's error and be rewarded. This is not th e message the courts wantto send to the public or defendants.

    This Court concludes that multiple punishments were not involved in this case and byoperation of law the start of M s. Anthony's probation was tolled pursuant to Bradley and Savage.

    The Court does not address the issue of the alleged violation of the Defendant's right todue process because the defense did not allege how it was violated.

    Duty to the CourtFinally, this Court would like to address the issue of what duty does an attorney, an

    officer of the court, owe to our system of justice to see that the lawful orders of courts arefollowed. The defense acknowledged in court that Mr. Baez knew about the error, but contendedhe did not have any obligation to inform the court.

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    An attorney's duty to the courts relate to his or her status as a professional who serves,not only clients, but also the public interest. A lawyer may not be able to act in a way that serves

    the client's best interests if doing so would put the administration of justice and the public'sconfidence in th e profession at risk. An attorney has a duty of candor. Under this umbrella of aattorney's duty to the court, attorneys are primarily responsible for ensuring that orders of thecourt are followed. While ignorance of the contents of a court order is one thing, the failure toabide by that order and the failure to notify the court of a known scrivener's error in the ordermay he a violation of an attorney's duty of candor. To additionally seek to use a scrivener's errorto achieve an end that was against the court's intent, especially where both parties had argued theissue of when probation should commence, strikes at the very foundation of our justice system.

    The duty of candor is simply not a rule of fine etiquette, but is the gold standard that allofficers of the court - especially attorneys - must live by if we are to ensure the public's trust andfaith in our justice system. No attorney should conduct himself or herself in a way that impedesan order of the court. While "[zjealous advocacy is the cornerstone of good lawyering and thebedrock of a just legal system ... zeal cannot give way to unprofessionalism" andnoncompliance with court orders. Thomas v. City of North Las Ve ga ;;! , 1 27 P. 3d 1057, 1067(Nev. 2006). The smooth functioning of the courts and the interest of justice should alwaystrump an attempt to secure an unfair tactical advantage. Our system of justice should never be inthe position of rewarding someone who wilfully hides the ball.

    The Florida Bar's Rules of Professional Conduct under the section entitled "Preamble: ALawyer's Responsibilities" provides in part:

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    A lawyer, as a member of the legal profession, is a representative of clients, anofficer of the legal system, and a public citizen having a special responsibility forthe quality of justice.

    Whi le i t is lawyer's du ty, w hen necessary, to c halle ng e th e re ctitu de of officialaction, it is also a lawyer's duty to uphold legal process.

    In addition, a lawyer should further th e public's understanding of and confidencein the rule of law and the justice system, because legal institutions in aconstitutional democracy depend on popular participation and support to maintaintheir authority.

    Lawyers are officers of the court and they are responsible to the judiciary for thepropriety of their professional activities. Within that context, the legal professionhas been granted powers of self-government.Rule 4-3.3 of the Rules Regulating the Florida Bar, entitled: "Candor Toward the

    T rib una l," ta lk s about a law ye r's o blig atio n in re gards to candor to the court. Perhaps counselwill find guidance in this section of the rules.

    It is very clear that the Defendant and her attorney knew she was to start her probationupon release from the Orange County Jail. Despite this fact, they took advantage of a scrivener'serror which started the probation while she was being held in the jail pending trial. The defenseshould not be able to claim that they are now harmed by having the Defendant serve probation atthis time.

    Safezy oftlfe DewdalltThe defense raises the issue of the Defendant's safety if she is now required to complete

    her probation. J n an article published in the Orlando Sentinel on Thursday, August 1 1, 2 01 1,

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    entitled "Poll: Casey is America's Most-hated Person" written by staff writer, Jeff Weiner, it isreported that the Defendant is the nation's most-hated person. Based on the results of a poll byE-Poll Market Research, it appears that public rage concerning this Defendant has not yetsu bside d. In th e total dislike categ ory of th e su rvey, A nth ony easily top ped th e ch arts at 94percent. Fifty-seven percent of those polled described her as "creepy," the second-highest scorein that category, and sixty percent described her as "cold" ranking her by far the highest in thatcategory. This Court is very mindful that it is a high probability that there are many that wouldlike to see physical harm visited upon the Defendant.

    THEREFORE, IT IS ORDERED AND ADJUDGED that the Emergency Motion toQuash, Vacate, and Set Aside Court's Order is hereby DENIED.

    The Defendant, Casey Marie Anthony, is hereby ordered to report to the Department ofCorrections no later than 12:00 p.m. on August 26, 2011, but she may choose to report earlier.Ms. Anthony's one year of supervised probation is to began on the da y she reports to probation.Ms. Anthony or her counsel shall contact Mrs. P ris cilla A . Carter, Circuit Administrator, FloridaDepartment of Corrections, 400 West Robinson Street, Suite 7095, Orlando, Florida, to arrangethe time and place of her reporting to probation. This must be done 72 hours prior to herreporting. Ms. Anthony's conditions of probation are the same as announced in JudgeStrickland's previous order of probation.

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    It is fu rth er O RD ER ED th at th e F lorida D ep artm ent of C orrections is h ereb y au th orizedin its discre tion to k ee p c onfide ntial th e D efe ndant's re side ntial inform ation and any oth erinformation that could lead to discovery of her location due to th reats on th e Defendant's life.

    DONE AND ORDERED in C ham bers at O rlando, O rang e C ou nty, F lorida th is 12th dayof August, 2011.

    CERTIFICA TE OF SERVICEI certify that a copy of the foregoing O rd er w as fu rn is he d this 12th of August, 2011, to th e

    following by electronic mail:Mr. Frank. George, Assistant State Attorney, 415 N, Orange Avenue, Orlando, FL 32801Mr. Jose Baez, Esquire , The Baez Law F irm , 522 Sim pson R oad, K iss im m ee, F L 34744Mr. J. C he ne y M as on, E sq uir e, J C heney M ason, P . A., 390 N . O rang e A venu e, Su ite2100, O rlando, F L 32801Priscilla Carter, C ir cu it A dm i ni st ra to r, F lo rid a Department o f Co r re c ti ons , 400 WestR ob inson Stree t, Su ite 7 095 , O rlando, F L 32801.

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    Attachment "A"

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    ~~~~.- .~ ...--.--~ ------_ .....-

    (.'):I

    IN THE CIRCUIT COURT OF THEN IN TH JU DICIA L CIRC UIT, IN A NDFOR OR ANG E C OUN TY, F LORIDACASE NUMBER: 48- 08-CF- 133J \-0/ AD IV ISIO N N O: 35ST ATE OF FLORIDA.

    Plaintiff,vs .C ASEY M ARIE A NTH ON Y,

    Defendant.

    '_.~ .1 . . : .Th is cause com ing on th is day to be heard before m e, and you , the defendant be ing now present b efore m e, and it app ear ingto the satis fac tion of th is C ou rt tbat you are no t lik ely again to eng age in a c r im inal cou rse of conduc t, and that the ends of ju s tice andthe w elfare of soc ie ty do not requ ire that you shou ld su ffe r the penalty au th orized b y law:N ow , th ere fore , based on tile p lea or cou rt finding and judg ment of the cou r t se t fo rth be low, it is ordered that y ou ar e h ere by

    p lac ed on probation u nde r th e su pe rvis ion of th e Department o f Co r re c t ion s and it s Officers. such supervis ion 10 be su bjec t to theprovisions of th e laws o f th is Stale . as follows:

    The Defendant having pled g uilty to t he o ff en se . th e C ou rt h er eb y withholds AdJudication or GuUt and se nte nc es y ou to 4 12D ay (s) in the O ra ng e C ou nty Jail w ith c re dit fo r 412 Day(s) tim e se rved. To be fo llow ed by I Y e ar (s ) P ro ba ti on c on cu rr en twith EACH CO UN T w ith th e f ol low in g SPEC IAL CONDIT10N(S):

    NO PERSONAL CaNT ACT W ITH THE V ICTIM .

    The Defendant having p le d g ui lt y to the offense. the C ou rt h er eb y withholds Adjudica t ion or G uU t and sen tences you 10 412Day(;I) in the Orange County Jail with credit for 412 Day(s) time se rved. To be followed by I Yearts) P ro b at io n c o nc u rr en twith E AC H C OU NT with th e following SPEC IAL COND lT ION (S ):

    NO PERSONAL CONTACT W ITH THE VICTIM,

    The Defendant h av in g p le d g uilty to th e o ffe nse . th e C ou rt h ere by w ith ho ld s A dju dic atio n of Gu ilt and sentences you to 412Oay(s) in the Orange County Jail with credit for 412 Day(s) time se rved. To be fol lowed by 1 Y e ar ts ) P ro ba ti on concurrentwith EACH COUNT with the f ol lo wi ng S PEC IA L CONDITION(S);

    NO PERSONAL CONTACT W lTI1 T HE V ICTIM ,

    CASEY MAR IE ANTHONY G112S/20W 3:24 PM Page 1 of4 4S-0SCF \J331-0 / A

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    The Defendant having pled guUty to the offense, the Court hereby wUhbolds Adjudlutlon of Guilt and sentences you to 412Day(s) in the Orange County Jail with credit fo r 412 Day(s) time served. To be followed by I Year(s) Probation concurrentwith EACH COUNT with the following SPECIAL CONDITION(S):

    NO PERSONAL CONTACT W ITH T IlE VICTIM,

    The Defendant having pled guilty to the offense, the Court hereby withholds Adjudication of Guilt and sentences you to 412Oay(s) in the Orange County Jail with credit for 41 2 Day(s) time served. To be followed by 1 Year(s) Probation concurrentwith EACH COUNT with the following SPECIAL CONDITION(S): NO PERSONAL CONTACT W ITH THE VICTIM, -1 1 1 1The Defendant having pled KUUty to theoffense, the Court hereby withholds Adjudication of Guilt and sentences you to 412Day(s) in the Orange County Jail with credit for 412 Day(s) time served. To be followed by I Year(s) Probation concurrent

    with EACHCOUNT with the following SPECIAL CONDITlON(S): NO PERSONAL CONTACT WITH THE VICTIM,

    The Defendant having pled guUty to the offense, the Court hereby withholds Adjudication of Guilt and sentences you to 412Oay(s) in the Orange County Jail with credit for 412 Day(s) time served. To be followed by I Yearfs) Probation concurrentwith EACH COUNT with the following SPECIAL CONDITlON(S):

    NO PERSONAL CONTACT wrrn THE VICTIM, . . _ , . , u ~ ~ . . . . ' : , ~ ; ' , " : ' ~ : ' , - i . ? ' - ; > .

    I) Not later than the fifth day of each month, you will make a full and truthful report to your Probation Officer on the formprovided for that purpose.2) You will pay to the State of Florida $20.00 per month toward the cost of supervision, plus a 4% surcharge per month by the

    fifth day of each month unless otherwise waived in compliance with Florida Statutes.) You will not change your residence or employment or leave the county of your residence without first procuring the consentof your Probation Officer.4) You will neither possess. carry or own any weapons or firearm without first securing the consent of your Probation Officer.5) You will live and remain at liberty without violating any law. A conviction in a court of law shall not be necessary in orderfor such a violation to constitute a violation of your probation.6) You will not use intoxicants to excess; nor will you visit places where intoxicants. drugs Or other dangerous substances areunlawfully sold, dispensed or used.7) You will work diligently at a lawful occupation and support any dependents to the best of your ability as directed by yourProbation Officer.

    CASEY MARIE ANTHONY 01125120103:24 PM Page 2 of4 4808-CF- 13331-0 I A

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    ' " "v o8) You will promptly and tru thfu lly answ er all inquiries dire cted to you by t he C o ur t or th e Probation O ffic er, and allow th e

    Off icer 1 0 vis it in your h om e, at your e mp loym ent site or e lsewhere , and you will com ply with all in stru ctio ns h e m ay giveyou.

    9) Y ou w ill n ot p osse ss Of u se any m ariju ana or othe r c ontrolle d su bstance e xc ep t u pon p resc rip tion of a du ly lice nsed m edicalor oste op ath ic doctor and th en only in ac cordanc e w ith the p re scrib ed dosag e. Y ou will n ot p o ss es s an y c on tr ol le d s ub st an c ep ar ap he rn ali a o r fo rg ed Or b l ank p r es c ri p ti on forms,

    1 0) U nl es s p ro hi bit ed from consu ming alcoh olic be verage s b y a sp ecial condition else wh ere in this order, you will n ot c on sum ealcoh olic b eve rag es to th e e xte nt th at your norm al facu lties are im paire d.

    II) You will subm it to a reasonab le search without a warrant by the Probation Office r of you r person, e ffects, res idence orb usine ss p rem ise s or ve hic le for alcoh olic b eve rag es, controlled su bstanc es, w eap ons or fire anns. Y ou will su bm it tochem ical te sts (breath , u rine and b lood) upon reques t of you r Probation Office r to de term ine the p resence and quantity ofalcoh ol or controlle d su bstance in you r b lood.

    12 ) T he C ourt re tains ju risdic tion to p lac e you in the Probation and R estitu tion C enter u pon re com me ndation of you r ProbationO ffic er w ith ou t find in g o f v io lation o f p ro batio n.

    13) You will not kn ow in gly asso ciate w ith an y p ers on s e ng ag ed in c rim in al ac tiv ity .

    You are he reby p laced on notice that the cou rt may at any tim e rescind or m odify any of the conditions of you r p robation, orm ay extend the pe riod of p robation as au thorized by law, or m ay discharge you r from fu rther supervision; and that if you violate anyof the conditions of you r p robation, you m ay be arrested and the Court m ay revoke your p robation and im pose any sentence wh ich itm ight have im posed before p lacing you on proba tion.

    Yo u sh all re po rt in p erso n w ith in 72 h ou rs o f y ou r re le as e from c on fine me nt to th e P ro batio n and P ar ol e O ff ic e i n O rangeC ou nty, F lorida, u nless oth erw ise instru cted b y you r offic er. (T his c ondition ap plies only if re le ased from th e D ep artm ent ofCorrect ions confinement.) O th erw ise, you m ust rep ort im mediately to P rob ation and Parole , 5 449 S. Sem oran B lvd Ste 21, O rlando,F l. 3 28 22 .

    It is further ordered that when you have reported to the Probation Officer and have been instruc ted as to the conditions ofp robation you shall be re leased from custody if you are in custody and if you are at liberty on bond, th e su reties th ere on sh all standd is ch ar ge d fr om l ia bil ity .

    It is further ordered thai the C le rk of th is Court file Ihis Order in he r office . record the sam e in the M inu tes of the Court, andforthwith provide copies of sam e to th e Probation O ffice r for h is u se in c om pliance w ith th e requirements of law .....:~~:I;' ..w . . .. .,.~.e.L1"fi#.;N.if.~II~ .. ~;.i;:i...,;!;..:~"'~f~Ift I,~~~: ..... ~t~',Mi.'bIWIW_tMlm~"'_'.I._ ....... .- ....

    F iled in Open Court this 2 5th d ay of Jan uary , 2010. Done and O rdered at O range C ou nty. F lorida th is 25th day ofanuary, 2010.Lydia Gardner

    Clerk of the Circuit and County CourtsBy: K .De IP i la r,

    D ep uty C le rk in A tte nd an ceH on or ab le S tan Strickland, J ud g e P re si di ng

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    CASEY MARIE ANTHONY 01125/20103:24 PM Page 3 of 4 4S-08-CF- 1333101 A

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    . I ac kn ow le dg e r ec eip t o f a c op y o f th is o rd er a nd am th u s r es po ns ib le fo r c om p ly in g w ith th e c on ditio ns o f m y se nte nc e c on tain edh er ein . th is 2 5th d ay o f Ja nu ar y, 2010.

    CASEY MARJE ANTHONY. De fe n da nt

    CASEY MARIE ANTHONY 01 /25120103:24 PM Page 4 of4 48.08CF. 133310 r A