JAMES ANTHONY GUINN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
James Anthony Guinn appeals orders of restitution the trial court entered in four cases. We affirm that portion of each order setting forth the amount of restitution. However, Guinn correctly argues and the state concedes that the trial court improperly delegated to the probation officer the determination of Guinn’s payment schedule. See Briggs v. State, 647 So. 2d 182 (Fla. 1st DCA 1994). Accordingly, we reverse that portion of each order delegating to the probation officer the determination of the restitution payment schedule and remand to the trial court to establish the payment schedule and to enter the appropriate order. We otherwise affirm the judgments and sentences.
Affirmed in part; reversed in part; and remanded for entry of new orders directing the payment schedule of restitution.
CAMPBELL, A.C.J., and PARKER and LAZZARA, JJ., concur.
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State v. Chuck Junior Williams, 712 So. 2d 762 (Fla. 1998)…vious decisions to hold that requiring a defendant to pay for alcohol or drug testing is a special condition of probation. Id. (citing Curry v. State, 682 So. 2d 1091 (Fla.1996); Wallace v. State, 682 So. 2d 1139 (Fla. 2d DCA 1996); Malone v. State, 652 So. 2d 902 (Fla. 2d DCA 1995)). The State, however, argued that none of these precedent eases addressed section 948.09(6), Florida Statutes (1995),3 which authorizes the Department of Corrections to require offenders under any form of supervision, to submit t…
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Douglas v. State, 664 So. 2d 1099 (Fla. 2d DCA 1995)…r, we reverse the portion of the order delegating to the probation officer the determination of the restitution payment schedule and remand for the trial court to establish the payment schedule and to enter the appropriate order. See Guinn v. State, 652 So. 2d 902 (Fla. 2d DCA 1995). Affirmed in part; reversed in part; and remanded for entry of a new order establishing the payment schedule for the restitution. RYDER, A.C.J., and LAZZARA and WHATLEY, JJ., concur.…
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Jacques F. Golden v. State, 667 So. 2d 933 (Fla. 2d DCA 1996)…he sentencing judge to impose probation condition 16 [*935] and community control condition 20 which both require the appellant to pay for random drug testing since the judge did not orally pronounce these conditions at the hearing. Malone v. State, 652 So. 2d 902 (Fla. 2d DCA 1995). We strike these conditions also. Affirmed in part, reversed in part, and remanded. DANAHY, A.C.J., and FULMER, J., concur. ALTENBERND, J., concurs specially. . The sentencing judge imposed this $134 amount as restitution in t…
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- Briggs v. State, 647 So. 2d 182 (Fla. 1st DCA 1994)