TONY GREEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that certain conditions and costs imposed on the defendant's sentence must be stricken because they were not orally pronounced at sentencing.
Tony Green was convicted of possession of cocaine with intent to sell and sentenced to community control and probation. The trial court imposed variou…
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FRANK, Judge.
Tony Green was charged with possession of cocaine with intent to sell. A jury convicted him and the trial court sentenced him to two years of community control succeeded by probation for three years. The trial court imposed special and general conditions upon Green’s community control and probation.
Our review of this matter results in an affirmance of the trial court’s order, the judgment, and the sentence but we strike certain of the seventeen conditions and the costs appended to his sentence. Thus, that aspect of condition four barring Green from carrying weapons was not pronounced at sentencing and must be stricken. Fitts v. State, 649 So. 2d 300 (Fla. 2d DCA 1995). Similarly, condition fifteen requiring Green to maintain an hourly accounting on a daily log of all his activities was not announced at sentencing and must be stricken, Vinyard, v. State, 586 So. 2d 1301 (Fla. 2d DCA 1991), and, for the same reason, we strike the condition prohibiting him from the use of intoxicants to excess. Tomlinson v. State, 645 So. 2d 1 (Fla. 2d DCA 1994). We also strike that portion of condition eleven requiring him to pay for random drug testing ordered by his probation officer. Williams v. State, 653 So. 2d 407 (Fla. 2d DCA), review granted, 659 So. 2d 1089 (Fla.1995).
Finally, from the $255.00 total court costs imposed on Green, we strike the $2.00 imposed pursuant to section 943.25(13), Florida Statutes (1993). That assessment is dis cretionary and must be orally pronounced. Reyes v. State, 655 So. 2d 111, 117 (Fla. 2d DCA1995).
Apart from that which we have eliminated from Green’s sentence, his conviction and sentence are affirmed.
DANAHY, A.C.J., and CAMPBELL, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Doehler Head v. State, 687 So. 2d 281 (Fla. 2d DCA 1997)…pronounced at sentencing. State v. Hart, 668 So. 2d 589 (Fla.1996). Condition 15 which requires Head to keep an hourly log is a special condition of probation/eommunity control which was not orally pronounced and is hereby stricken. Green v. State, 667 So. 2d 432 (Fla. 2d DCA 1996). We also strike the portion of condition 12 which requires Head to pay for blood, alcohol, breathalyzer and [*282] urinalysis testing. This is a special condition which must be orally pronounced before imposition. Reiter v. State,…
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Jones v. State, 674 So. 2d 188 (Fla. 2d DCA 1996)…Evans v. State, 653 So. 2d 1103 (Fla. 2d DCA 1995). The trial court imposed a $2 cost pursuant to section 943.25(13), Florida Statutes (1993). This is a discretionary cost which the trial court must pronounce orally at sentencing. Green v. State, 667 So. 2d 432 (Fla. 2d DCA 1996). We strike that cost. Upon remand the state may seek to reimpose the cost/fine .of $1245 and the section 943.25(13) cost in accordance with the law. See Evans. PARKER, A.C.J., and QUINCE and WHATLEY, JJ., concur.…
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)
- Fitts v. State, 649 So. 2d 300 (Fla. 2d DCA 1995)
- Vinyard v. State, 586 So. 2d 1301 (Fla. 2d DCA 1991)
- Williams v. State, 653 So. 2d 407 (Fla. 2d DCA 1995)