RANDY HOWARD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that special conditions of probation not announced in open court must be stricken, and certain costs imposed by the trial court were also improperly assessed.
[1] A special condition of probation must be announced in open court.
[2] A trial court may impose costs on a defendant, but certain statutory costs may be stricken if not properly itemized or authorized.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceRandy Howard appealed his conviction and sentence for possession of cocaine, challenging specific conditions of his probation and certain costs impose…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Court Costs cases and more on FLexlaw
PER CURIAM.
Randy Howard appeals his conviction and sentence of two years’ probation for possession of cocaine. We affirm the defendant’s conviction without discussion. We strike some of the costs imposed by the trial court, as well as certain portions of the defendant’s conditions of probation.
The trial court imposed the following conditions of probation:
Condition (4): You will not possess, carry, or own any firearms. You will not possess, carry or own any weapons without first procuring the consent of your [probation] officer. Condition (7): You will not use intoxicants to excess or possess any drugs or narcotics unless prescribed by a physician. Nor will you visit places where intoxicants, drugs, or other dangerous substances are unlawfully sold, dispensed, or used.
The second sentence of condition (4) must be stricken because it is a special condition that was not announced in open court. See Parsons v. State, 650 So. 2d 176 (Fla. 2d DCA 1995); Jennings v. State, 645 So. 2d 592 (Fla. 2d DCA 1994). For the same reason, the first sentence of condition (7) must also be stricken. Parsons, 650 So. 2d 176; Tomlinson v. State, 645 So. 2d 1 (Fla. 2d DCA 1994). The remaining portions of conditions (4) and (7) are valid as more precise descriptions of general conditions, which need not be announced in open court.
The trial court orally ordered the defendant to pay a lump sum of $455 in court costs and $100 to the Hillsborough County Drug Education Trust Fund. The record contains an order itemizing the costs imposed. We strike the $100 imposed for the Hillsborough County Court Improvement Fund, the $100 for costs of prosecution, and the $2 for costs imposed pursuant to section 943.25.(13), Florida Statutes (1993). Reyes v. State, 20 Fla.L.Weekly D467, — So. 2d — [1995 WL 65502] (Fla. 2d DCA Feb. 15, 1995) (en banc). We affirm the remaining costs.
Judgments and sentences affirmed; portions of costs stricken; portions of probation conditions stricken.
PARKER, A.C.J., and ALTENBERND and WHATLEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Navarrion Johnson v. State, 701 So. 2d 367 (Fla. 2d DCA 1997)…. 2d DCA 1995); Geeding v. State, 662 So. 2d 997 (Fla. 2d DCA 1995); Williamson v. State, 658 So. 2d 617 (Fla. 2d DCA 1995); Dexter v. State, 654 So. 2d 1248 (Fla. 2d DCA 1995); Heathcoe v. State, 654 So. 2d 1258 (Fla. 2d DCA 1995); Howard v. State, 652 So. 2d 956 (Fla. 2d DCA 1995); Reed v. State, 652 So. 2d 912 (Fla. 2d DCA 1995); Emond v. State, 652 So. 2d 419 (Fla. 2d DCA 1995), quashed, 668 So. 2d 599 (Fla.1996); Stark v. State, 650 So. 2d 697 (Fla. 2d DCA 1995). . See Weber v. State, 691 So. 2d 1 (Fla.…
Authorities Cited
- Tomlinson v. State, 645 So. 2d 1 (Fla. 2d DCA 1994)
- Parsons v. State, 650 So. 2d 176 (Fla. 2d DCA 1995)
- Jennings v. State, 645 So. 2d 592 (Fla. 2d DCA 1994)