R.S., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the order of restitution must be corrected to reflect the orally pronounced amount and that a special condition of community control not orally pronounced must be stricken.
The trial court orally imposed restitution of $93.80, but the written order reflected $104.75. A special condition of community control was also inclu…
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QUINCE, Judge.
Counsel for appellant filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), which raised three possible issues. We find merit only in the arguments that the order of restitution does not reflect the restitution amount that was orally imposed and that a special condition of community control was erroneously imposed.1
At sentencing the trial court imposed restitution in the amount of $93.80. However, the order of restitution reflects $104.75. The order must be corrected to reflect the restitution amount orally pronounced.
In the order placing the juvenile on community control, the trial judge imposed the condition that appellant could “not possess or carry any weapon unless permission is first obtained from the counselor for a lawful use.” Since this special condition of community control was not orally pronounced at sentencing, it is stricken. Malone v. State, 652 So. 2d 902 (Fla. 2d DCA 1995).
In all other respects the order of adjudication and disposition is affirmed.
SCHOONOVER, A.C.J., and PATTERSON, J., concur. . We find no merit in appellant's argument that the trial court erred in advising appellant that the previously imposed conditions of community control are applicable to the newly imposed community control. See Jones v. State, 622 So. 2d 1153 (Fla. 1st DCA 1993); Olvey v. State, 609 So. 2d 640 (Fla. 2d DCA 1992).
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Citator
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Kirby v. State, 695 So. 2d 889 (Fla. 2d DCA 1997)…13), Florida Statutes (1995). The court erred by failing to individually announce the $2 cost, failing to cite the statutory authority for its imposition, and by not setting forth the proper statutory authority in its written order. Taylor v. State, 664 So. 2d 1113 (Fla. 2d DCA 1995); Reyes, 655 So. 2d at 116. Therefore, it must be stricken. The $300 attorney’s fee must also be stricken. Although the trial court announced the amount at appellant’s sentencing hearing, it did not announce the statutory authorit…
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Washington v. State, 685 So. 2d 858 (Fla. 2d DCA 1996)…Adams v. Williams, 407 U.S. 143, 92 S.Ct. 1921, 32 L.Ed.2d 612 (1972), justifying an investigatory stop. We are compelled, however, to strike certain costs imposed at sentencing: a $33 cost imposed without statutory authority, see Taylor v. State, 664 So. 2d 1113, 1114 (Fla. 2d DCA 1995); a cost of $2 imposed pursuant to section 943.25(13), Florida Statutes (1993), without oral pronouncement, see Taylor, 664 So. 2d at 1114; a lab fee of $100 to the Florida Department of Law Enforcement imposed without docume…
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C.C.B. v. State, 782 So. 2d 473 (Fla. 4th DCA 2001)…ave been orally pronounced.” See id. The W.J. court limited the condition to a proscription of the possession of a firearm, electric weapon or a concealed weapon. Any-broader construction of the condition was stricken. See id. Compare R.S. v. State, 664 So. 2d 1113 (Fla. 2d DCA 1995)(condition that appellant not possess or carry weapons unless permission is first obtained from the counselor for a lawful use is a special condition of community control which was not orally pronounced and should be stricken). In…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Guinn v. State, 652 So. 2d 902 (Fla. 2d DCA 1995)
- Porter v. State, 609 So. 2d 640 (Fla. 1st DCA 1992)
- Olvey v. State, 609 So. 2d 640 (Fla. 2d DCA 1992)
- Jones v. State, 622 So. 2d 1153 (Fla. 1st DCA 1993)