KATHERINE MACON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
KATHERINE MACON, APPELLANT,
STATE OF FLORIDA, APPELLEE
639 So. 2d 206
Florida District Court of Appeal, Fifth District (1994)
Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.
Katherine Macon entered a plea of nolo contendere and was sentenced to probation for the offense of welfare fraud.1 We affirm the conviction, the sentence and the conditions of probation save one. We strike the imposition of $50.00 to First Step of Volusia County, Jnc. Since the trial judge did not orally announce this special condition of probation and gave no statutory authority in the written order for the imposition of payment, it is not legal. Gedeon v. State, 636 So. 2d 178 (Fla. 5th DCA 1994).
AFFIRMED in part; STRICKEN in part.
GOSHORN, DIAMANTIS and THOMPSON, JJ., concur. . § 409.325, Fla.Stat. (1991).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Justice v. State, 658 So. 2d 1028 (Fla. 5th DCA 1995)…s appear so frequently in Florida Law Weekly that no effort has been made to catalogue them all. . Also, this court’s treatment of such cases has not been entirely consistent. See Lowell v. State, 649 So. 2d 364 (Fla. 5th DCA 1995); Macon v. State, 639 So. 2d 206 (Fla. 5th DCA 1994). . The State implicitly concedes in its brief that the conditions at issue are "special” conditions that were not orally announced. . Truth to tell, what almost certainly happened in this case is that the trial judge simply ent…
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Fyler v. State, 645 So. 2d 108 (Fla. 5th DCA 1994)…nd found error. See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967); State v. Causey, 503 So. 2d 321 (Fla. 1987). The judge erred in requiring appellant to make payments to First Step of Volusia County. See Macon v. State, 639 So. 2d 206 (Fla. 5th DCA 1994); Eckenrode v. State, 638 So. 2d 214 (Fla. 5th DCA 1994). SENTENCE VACATED; REMANDED FOR RESENTENCING. W. SHARP, and PETERSON, JJ., concur.…
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McLEOD v. State, 645 So. 2d 116 (Fla. 5th DCA 1994)…Fla. 5th DCA 1994); Murray v. State, 647 So. 2d 313 (Fla. 5th DCA 1994); Tibero v. State, 646 So. 2d 213 (Fla. 5th DCA 1994); Avallone v. State, 646 So .2d 745 (Fla. 5th DCA 1994); Watson v. State, 641 So. 2d 432 (Fla. 5th DCA 1994); Macon v. State, 639 So. 2d 206 (Fla. 5th DCA 1994); Eckenrode v. State, 638 So. 2d 214 (Fla. 5th DCA 1994); Botts v. State, 634 So. 2d 197 (Fla. 5th DCA 1994). Additionally, the court improperly assessed attorney fees against appellant without first giving him notice of the inten…
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- Menchaca v. State, 636 So. 2d 178 (Fla. 2d DCA 1994)