DAVID A. KOPECKI, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1996-03-15
No. 94-03089
LAZZARA and WHATLEY, JJ„ Concur.
670 So. 2d 1066 Florida District Court of Appeal, Second District (1996) Positive Treatment
Cited by 4 cases
Topics
Discretionary Costs Special Conditions Of Probation Oral Pronouncement Of Sentence Nolo Contendere Plea

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Opinion of the Court
RYDER, Acting Chief Judge.

RYDER, Acting Chief Judge.

David KopecM pleaded nolo contendere to several charges, reserving his right to appeal his dispositive motion to suppress evidence and statements he made to the police. His appellate counsel has filed an Anders1 brief. After a thorough review of the record, we find no error in the lower court’s denial of his motion, and affirm.

The state concedes that $47.00 in costs imposed must be stricken because they are discretionary costs that require notice to the defendant and the opportunity to object at sentencing. See Reyes v. State, 655 So. 2d 111 (Fla.2d DCA 1995) (en banc). The court’s judgment for fines and costs shows that the other amounts assessed were mandatory statutory costs, and accordingly, we affirm them. We also strike probation condition thirteen, which requires Kopecki to submit, at his own expense, to alcohol and drug testing and to pay for any needed treatment, because it is a special condition that was not orally pronounced at sentencing. See State v. Hart, 668 So. 2d 589 (Fla.1996).

Conviction affirmed, certain costs and a condition of probation stricken.

LAZZARA and WHATLEY, JJ„ Concur. . Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

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Citator

Cited By

  • Donnie Hugh Doctor v. State, 677 So. 2d 1372 (Fla. 3d DCA 1996)
    …4 So. 2d 743 (Fla. 4th DCA 1996); Poole v. State, 674 So. 2d 746 (Fla. 4th DCA 1996); McInnis v. State, 671 So. 2d 803 (Fla. 4th DCA 1996); Pierce v. State, 671 So. 2d 186 (Fla. 4th DCA 1996), review granted 677 So. 2d 841 (Fla.1996); Bove v. State, 670 So. 2d 1066 (Fla. 4th DCA 1996), cause dismissed, 678 So. 2d 339 (Fla.1996); Wilson v. State, 668 So. 2d 998 (Fla. 4th DCA 1995), review granted, 672 So. 2d 543 (Fla.1996); Frazier v. State, 664 So. 2d 985 (Fla. 4th DCA 1995), review denied, 666 So. 2d 145 (Fla…
  • Zitroy Lowe v. State, 681 So. 2d 916 (Fla. 4th DCA 1996)
    …s simply not ineffectiveness of legal counsel. Id. at 540; see also Wilson v. State, 668 So. 2d 998 (Fla. 4th DCA 1995), question certified, 21 Fla. L. Weekly D476 (Fla. 4th DCA Feb. 21), juris, accepted, 672 So. 2d 543 (Fla.1996); Bove v. State, 670 So. 2d 1066 (Fla. 4th DCA), dismissed, 678 So. 2d 339 (Fla.1996); Mclnnis v. State, 671 So. 2d 803 (Fla. 4th DCA 1996). Accordingly, we direct petitioner to file a notice of belated appeal in the circuit court within thirty days of the date of this opinion. G…
  • Johnson v. State, 696 So. 2d 831 (Fla. 2d DCA 1997)
    …l because such requirement is not enumerated in the statutory conditions of probation, and the trial court did not pronounce this aspect of the condition at the sentencing hearing. See §§ 948.03(l)(k), 948.09(6), Fla. Stat. (1995); Kopecki v. State, 670 So. 2d 1066 (Fla. 2d DCA 1996). Mr. Johnson’s convictions and sentences are otherwise affirmed. Affirmed as modified. PATTERSON, A.C.J., and ALTENBERND and FULMER, JJ., concur.…

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