DARRYEL DWAYNE GAINES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DARRYEL DWAYNE GAINES, APPELLANT,
STATE OF FLORIDA, APPELLEE
658 So. 2d 615
Florida District Court of Appeal, Second District (1995)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We affirm the defendant’s conviction and sentence for robbery. We strike that portion of the condition of probation prohibiting excessive use of intoxicants because that requirement was not pronounced at sentencing. See Tomlinson v. State, 645 So. 2d 1 (Fla. 2d DCA 1994). We further strike the imposition of $33 for a “cost/fine,” $2 pursuant to section 943.25(13), Florida Statutes (1993), and $493.62 in extradition costs. See Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995). Upon remand, the state may seek to reimpose such costs after complying with Reyes.
Affirmed as modified.
DANAHY, A.C.J., and ALTENBERND and WHATLEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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M.E.W. v. State, 689 So. 2d 1282 (Fla. 2d DCA 1997)…he would be required to pay [*1283] that amount and requested a hearing which the court denied. The state concedes that M.E.W. is entitled to a complete restitution hearing and that the court erred by not affording him that hearing. Wrenn v. State, 658 So. 2d 615 (Fla. 2d DCA 1995); Bell v. State, 652 So. 2d 1192 (Fla. 4th DCA 1995). We, accordingly, reverse and remand with instructions to strike that portion of the order requiring M.E.W. to pay restitution in the amount of $1000 and then afford him a hear…
Authorities Cited
- Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)
- Tomlinson v. State, 645 So. 2d 1 (Fla. 2d DCA 1994)