WILLIE BOONE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1992-11-19
No. 91-2820
MINER, ALLEN and KAHN, JJ., concur.
608 So. 2d 564 Florida District Court of Appeal, First District (1992) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

[*565] PER CURIAM.

In this Anders appeal,1 we find no reversible error with respect to appellant’s conviction for sale of cocaine, and affirm. On this conviction, the circuit court lawfully sentenced appellant, Willie Boone, to a period of community control followed by a period of probation and issued a form order for each. The circuit court also imposed statutory court costs and fees, as noted in both the community control and probation orders. As we construe these orders, the circuit court did not intend to impose such costs and fees twice, and thus we do not disturb the imposition of statutory costs and fees. We further note, however, that the trial court erroneously imposed as a condition of probation the payment of $1.00 per month to First Step of Bay County, Inc., because the trial court failed to orally pronounce such condition at sentencing. Evans v. State, 602 So. 2d 998 (Fla. 1st DCA1992). We strike this special condition of probation.

AFFIRMED as modified.

MINER, ALLEN and KAHN, JJ., concur. . Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).


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  • Elmore v. State, 636 So. 2d 183 (Fla. 5th DCA 1994)
    …more was aware it should have been included with the others, the trial court shall make such a finding and reimpose the list as written. If not, the condition should be stricken. See Walls v. State, 609 So. 2d 83 (Fla. 1st DCA 1992); Boone v. State, 608 So. 2d 564 (Fla. 1st DCA 1992). REMANDED for further proceedings. DIAMANTIS and THOMPSON, JJ., concur. . At the sentencing hearing, the court stated as follows: THE COURT: All right. In accordance with the special plea agreement, adjudication of guilt will…

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