JERRY L. FLOWERS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We have reviewed the record pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and we affirm Jerry Flowers’ convictions and sentences. Because they were not orally pronounced at sentencing, however, we strike the special conditions of probation found in conditions three, five, eight, eighteen, and twenty. See, e.g., Hamilton v. State, 653 So. 2d 1068 (Fla. 2d DCA 1995); Nank v. State, 646 So. 2d 762 (Fla. 2d DCA 1994). In addition, we strike the $288 in court costs and the $100 lab fee for the Florida Department of Law Enforcement because they were imposed without any reference to the statutory basis for their assessment. See Sutton v. State, 635 So. 2d 1032 (Fla. 2d DCA 1994); Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995) (en banc).
Accordingly, we affirm the convictions and sentences. We remand so the trial court can modify the written order of probation and allow the state to seek reimposition of costs.
THREADGILL, C.J., and PARKER and BLUE, JJ., concur.
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Madison v. State, 664 So. 2d 1140 (Fla. 5th DCA 1995)…the order or the record below whether the $100.00 cost is for the criminal analysis laboratory system, or is an investigative cost. This underscores the need for a clear declaration as to what purpose a cost is being assessed. See Flowers v. State, 659 So. 2d 448 (Fla. 2d DCA 1995) ($100.00 laboratory fee for FDLE stricken because it was imposed without any statutory basis for its imposition); Samuels (although this court surmised that the costs to FDLE referred to costs of prosecution, cost award was strick…
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JOE v. State, 668 So. 2d 325 (Fla. 2d DCA 1996)…Hale v. State, 630 So. 2d 521 (Fla.1998), cert. denied, — U.S. —, 115 S.Ct. 278, 180 L.Ed.2d 195 (1994). Next, the trial court correctly determined that the two life felony offenses were not eligible for habitual offender sentences. Dixon v. State, 659 So. 2d 448 (Fla. 2d DCA 1995). The sentencing guidelines scoresheet prepared for Mr. Joe’s two life felonies included points for all of the convictions for which he received habitual violent offender sentences. Those offenses cannot be included on this scoresh…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)
- Sutton v. State, 635 So. 2d 1032 (Fla. 2d DCA 1994)
- Nank v. State, 646 So. 2d 762 (Fla. 2d DCA 1994)
- Dolphis A. Hamilton v. State, 653 So. 2d 1068 (Fla. 2d DCA 1995)