BARBARA WRAY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1992-01-22
No. 90-01845
THREADGILL and PARKER, JJ., concur.
596 So. 2d 80 Florida District Court of Appeal, Second District (1992) Positive Treatment
Cited by 2 cases

Opinion of the Court
HALL, Acting Chief Judge.

HALL, Acting Chief Judge.

We find merit only in Wray’s argument that the trial court improperly imposed court costs as a condition of probation without citing proper statutory authority. Brown v. State, 506 So. 2d 1068 (Fla. 2d DCA 1987), review denied, 515 So. 2d 229 (Fla.1987); Moore v. State, 525 So. 2d 1031 (Fla. 2d DCA 1988). Accordingly, we remand with directions that the imposition of court costs be stricken without prejudice to the state to seek reimposition with citation of proper statutory authority.

Affirmed and remanded.

THREADGILL and PARKER, JJ., concur.


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  • Sutton v. State, 635 So. 2d 1032 (Fla. 2d DCA 1994)
    …9 (Fla. 2d DCA 1992). This procedure was not followed in this case. We, therefore, strike the costs imposed on Sutton. On remand, the state may seek to reimpose these costs consistent with the law expressed in this opinion. Williams; Wray v. State, 596 So. 2d 80 (Fla. 2d DCA 1992). [*1034] Affirmed in part, reversed in part and remanded. RYDER, A.C.J., and PATTERSON, J., concur. . The record does not reflect why the assessment for the drug education fund was omitted from the probation order. . See, e.g.,…
  • Martin v. State, 640 So. 2d 1241 (Fla. 2d DCA 1994)
    …ce of imprisonment. We affirm these convictions and sentences. The trial court also imposed $240 in court costs as a special condition of probation. The record does not reflect the authority for imposing such costs in this case. See Wray v. State, 596 So. 2d 80 (Fla. 2d DCA 1992); Brown v. State, 506 So. 2d 1068 (Fla. 2d DCA), review denied, 515 So. 2d 229 (Fla.1987). Therefore, these costs are stricken without prejudice to the state to seek reim-position with citation of proper statutory authority. Affi…

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