DARRYL A. TURNER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that certain conditions of probation and costs must be stricken because they were not orally pronounced or were not related to the offense. The conviction is affirmed.
The defendant was convicted of resisting arrest with violence. He appealed his conviction and sentence, arguing the trial court erred in denying his m…
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PARKER, Judge.
Darryl A. Turner appeals his conviction and sentence for resisting arrest with violence, specifically arguing that the trial court erred in denying his motion for judgment of acquittal and erred in imposing certain conditions of probation and costs. We affirm the conviction but reverse certain conditions of probation and costs.
We strike the following special conditions of probation because the trial court did not orally pronounce them: (1) That portion of probation condition (5) prohibiting the use of intoxicants to excess. See Hart v. State, 651 So. 2d 112 (Fla. 2d DCA 1995) (citing Tomlinson v. State, 645 So. 2d 1 (Fla. 2d DCA 1994)), review granted, 659 So. 2d 1089 (Fla.1995); and (2) Condition (11) requiring Turner to maintain an hourly accounting of all activities in a daily log. See Vinyard v. State, 586 So. 2d 1301 (Fla. 2d DCA 1991).
We must also strike special conditions (20) and (24) requiring Turner to submit to drug evaluation and treatment and abide by treatment center rules, regulations, and programs because the record does not reflect that the offense involved here is alcohol or drug related. See Biller v. State, 618 So. 2d 734 (Fla.1993); Rodriguez v. State, 378 So. 2d 7 (Fla. 2d DCA 1979).
Last, we strike the $2 cost pursuant to section 943.25(13) for criminal justice education by municipalities and counties because it is discretionary and requires oral pronouncement. Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995) (en banc). Upon remand the state may seek to reimpose that cost.
We remand this case to the trial court in order for the state to seek reimposition of the $2 cost.
THREADGILL, C.J., and WHATLEY, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Reco Antonio Vickers v. State, 677 So. 2d 974 (Fla. 2d DCA 1996)…So. 2d 111 (Fla. 2d DCA 1995). We also strike the [*976] $2 assessment to the Criminal Justice Education by Municipalities and Counties since that is a discretionary cost and the trial court did not orally pronounce it as required. Turner v. State, 666 So. 2d 212 (Fla. 2d DCA 1995). The state may seek to reimpose that cost upon remand. Next, we strike the $110 imposed for prosecution/investigative costs since, as conceded by the state, no request was made by the state attorney or any other agency nor did th…
Authorities Cited
- Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)
- Biller v. State, 618 So. 2d 734 (Fla. 1993)
- Rodriguez v. State, 378 So. 2d 7 (Fla. 2d DCA 1979)
- Tomlinson v. State, 645 So. 2d 1 (Fla. 2d DCA 1994)
- Hart v. State, 651 So. 2d 112 (Fla. 2d DCA 1995)
- Vinyard v. State, 586 So. 2d 1301 (Fla. 2d DCA 1991)