PERCY CATHOLIC, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PERCY CATHOLIC, APPELLANT,
STATE OF FLORIDA, APPELLEE
632 So. 2d 272
Florida District Court of Appeal, Fourth District (1994)
Positive Treatment
Cited by 24 cases
Opinion of the Court
PER CURIAM.
As a special condition of probation appellant agreed to submit to urinalysis, breathalyzer or blood tests when requested; however, the written order of probation additionally requires appellant to pay for those tests, a condition not mentioned at the sentencing hearing. This was error. Cumbie v. State, 597 So. 2d 946 (Fla. 4th DCA 1992). We therefore reverse the order of probation solely for deletion of the requirement that the appellant pay for such tests. The judgment and sentence are otherwise affirmed.
DELL, C.J., and KLEIN and STEVENSON, JJ., concur.
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Citator
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Nank v. State, 646 So. 2d 762 (Fla. 2d DCA 1994)…ward supervision and rehabilitation." 618 So. 2d at 735 n. 1 (emphasis added). . We also note that requiring a defendant to pay for such services constitutes a separate special condition and must be pronounced at sentencing. See Catholic v. State, 632 So. 2d 272 (Fla. 4th DCA 1994).…
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State Comprehensive Health Ass'n v. Gerri A. Carmichael, 706 So. 2d 319 (Fla. 4th DCA 1997)…excluded. As to this issue, we cannot state that the trial court’s findings were clearly erroneous or against the manifest weight of the evidence. See Sladek v. Lambertus, 667 So. 2d 417 (Fla. 4th DCA 1996); Southern Bell Tel. & Tel. Co. v. Markham, 632 So. 2d 272 (Fla. 4th DCA 1994); Oceanic Int’l Corp. v. Lantana Boatyard, 402 So. 2d 507 (Fla. 4th DCA 1981). Finally, we note that defendants’ brief raises the applicability of the policy exclusion as the sole point on appeal. However, on pages 31 and 32 of t…
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Reiter v. State, 674 So. 2d 189 (Fla. 2d DCA 1996)…1052 (Fla.1991). However, the portion of condition 12 which requires Reiter to pay for such tests was not mentioned at the sentencing hearing, and is not a standard condition. Therefore, we strike that portion of condition 12. See Catholic v. State, 632 So. 2d 272 (Fla. 4th DCA 1994). Condition 13 requires Reiter to “waive extradition should a violation of supervision occur.” We strike condition 13 because it is a special condition which was not orally pronounced. See Nank v. State, 646 So. 2d 762 (Fla. 2d DC…
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- Cumbie v. State, 597 So. 2d 946 (Fla. 1st DCA 1992)