DAVID GERALD KLUG, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DAVID GERALD KLUG, APPELLANT,
STATE OF FLORIDA, APPELLEE
667 So. 2d 956
Florida District Court of Appeal, First District (1996)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The judgment and sentence are affirmed and we also find no error preserved for our review with regard to the restitution as ordered. We remand, however, for the deletion of cost awards and the 4% surcharge as being unsupported by authority. See McCray v. State, 665 So. 2d 384 (Fla. 1st DCA 1996); Reyes v. State, 665 So. 2d 111 (Fla. 2d DCA 1995). On remand, the trial court may enter a written order reimposing some or all of these charges so long as specific statutory authority is provided for them.
WEBSTER, MICKLE and LAWRENCE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bailey v. State, 677 So. 2d 1358 (Fla. 1st DCA 1996)…der’s Hen where the appellant was not informed that he had a right to challenge the $450 assessment, see Brock v. State, 667 So. 2d 1014 (Fla. 1st DCA 1996), and a 4 percent surcharge that was imposed without statutory authority. See. Klug v. State, 667 So. 2d 956 (Fla. 1st DCA 1996). With regard to court costs in the amount of $255, the state acknowledges that the court orally pronounced costs only in the amount of $253. We thus strike $2. Further, we strike an additional $53 since we are unable to glean fro…
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Burch v. State, 823 So. 2d 854 (Fla. 1st DCA 2002)…irement that Appellant pay for drug and alcohol testing1 and as to the 4% surcharge. See Justice v. State, 674 So. 2d 123, 125 (Fla.1996); State v. Hart, 668 So. 2d 589, 592-593 (Fla.1996); State v. Porchia, 716 So. 2d 766 (Fla.1998); Klug v. State, 667 So. 2d 956 (Fla. 1st DCA 1996). On remand, the trial court must issue an amended written probation order, and it may not reimpose these special conditions. See Carter v. State, 787 So. 2d 193, 194 (Fla. 1st DCA 2001); Justice, 674 So. 2d at 125 (Fla.1996). We…
Authorities Cited
- McCRAY v. State, 665 So. 2d 384 (Fla. 1st DCA 1996)