BRUCE BARNES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
BRUCE BARNES, APPELLANT,
STATE OF FLORIDA, APPELLEE
658 So. 2d 538
Florida District Court of Appeal, Second District (1995)
Negative Treatment
Cited by 12 cases
Opinion of the Court
PER CURIAM.
We affirm the judgment and sentences in all respects, but strike the imposition of the “cost/fine” in the amount of $33 because it was not announced at sentencing and there is no statutory authority given for the assessment of such a cost. Sutton v. State, 635 So. 2d 1032 (Fla. 2d DCA 1994). On remand, the state may seek to reimpose these costs consistent with the law expressed in Sutton.
Affirmed as modified and remanded with directions.
RYDER, A.C.J., and ALTENBERND and QUINCE, JJ., concur.
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Vasquez v. State, 663 So. 2d 1343 (Fla. 4th DCA 1995)…rship of any weapon, as opposed to a firearm, without permission of the probation officer; the limitation regard- [*1348] mg weapons exceeds the scope of the firearms statute and it was not orally pronounced at sentencing. Hart; Washington v. State, 658 So. 2d 538 (Fla. 4th DCA), quashed on other grounds, 657 So. 2d 1156 (Fla.1995). But see Emond. This part of the condition is identical to condition 4 in the rule 3.986 probation form order and thus, if the supreme court answers the second district’s certified…
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Devell Hawkins v. State, 693 So. 2d 562 (Fla. 2d DCA 1996)…cost at sentencing. See Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995). The cost/fine described in the judgment totalling $1,245 and a second cost/ fine totalling $2,500 that was imposed as a condition of probation are stricken. Barnes v. State, 658 So. 2d 538 (Fla. 2d DCA 1995). We affirm probation condition 5 prohibiting Mr. Hawkins from using intoxicants to excess because it is a general condition that does not require oral pronouncement. State v. Hart, 668 So. 2d 589 (Fla.1996). The portion of condit…
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State v. Washington, 657 So. 2d 1156 (Fla. 1995)…SHAW, Justice. We have for review Washington v. State, 658 So. 2d 538 (Fla. 4th DCA 1995), wherein the district court certified conflict with Bell v. State, 624 So. 2d 821 (Fla. 2d DCA 1993), review denied, 634 So. 2d 622 (Fla.1994). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. Our decision in State v. Wilso…
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- Sutton v. State, 635 So. 2d 1032 (Fla. 2d DCA 1994)