Opinion
No. 88-0746.
April 5, 1989. Rehearing Denied May 10, 1989.
Appeal from the Circuit Court for Martin County; Dwight L. Geiger, Judge.
Richard L. Jorandby, Public Defender, and Susan D. Cline, Asst. Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Diane E. Leeds, on the brief, West Palm Beach, for appellee.
We affirm the judgments of conviction but vacate the special conditions of probation requiring completion of a residential substance abuse treatment program, payment of restitution and payment of costs. Appellant is entitled to appropriate notice and an opportunity to be heard on each of these issues. Procedural due process requires no less.
AFFIRMED IN PART; VACATED IN PART; REMANDED.
HERSEY, C.J., and ANSTEAD and WALDEN, JJ., concur.