Villanueva v. State
Annotate this CaseAfter a jury trial, Defendant was acquitted of lewd and lascivious molestation but convicted of misdemeanor battery - a lesser included offense of the molestation charge. As a special condition of his probation Defendant was ordered to undergo mentally disordered sex offender (MDSO) therapy. Defendant appealed, challenging the sex offender therapy as a condition of probation. The Third District Court of Appeal upheld the trial court’s imposition of MDSO therapy, holding (1) sex offender therapy as a condition of probation is not restricted by statute to only certain enumerated sexual offenses; and (2) the imposition of the condition comported with the standards governing probation announced by the Supreme Court in Biller v. State. The Supreme Court reversed, holding (1) the imposed probation condition was not limited to certain enumerated sex offenses; but (2) the special condition was invalid based on the Court’s decision in Biller because it did not satisfy any of the Biller factors.
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