JASON MITCHELL BAILEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Bailey appeals his conviction and sentence for sale of marijuana. The appellate court affirmed the conviction and sentence but remanded the case to correct numerous improper conditions and costs imposed as part of the probation order, including unauthorized fees, costs not orally pronounced, and charges imposed without proper statutory authority.
The conviction and sentence are affirmed. However, the appellate court remanded to strike several improper probation conditions and monetary assessments, including: the random drug testing cost requirement not orally pronounced, the cost of an unsuccessful appeal for an indigent defendant, the public defender assessment without proper notice of the right to challenge it, a 4 percent surcharge without statutory authority, $2 in court costs not orally pronounced, and $53 in court costs lacking statutory authority (though the trial court may reimpose if proper authority is cited). The $200 duplication in deposition costs was also struck, though the $609 assessment itself was authorized.
[1] A condition of probation requiring payment for random drug testing will be stricken if it was not orally pronounced and is not included in standard probation conditions.
[2] A special condition of probation ordering an indigent defendant to pay for an unsuccessful appeal will be stricken.
Previewing 2 of 6 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“that portion of Condition (12) of the probation order that requires the appellant to pay for random drug testing is stricken because it was not orally pronounced and is not included in the standard conditions of probation”
Establishes that probation conditions must be orally pronounced and that random drug testing costs are not standard conditions that can be imposed.
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Join FLexlaw to unlock all legal intelligenceJason Mitchell Bailey was convicted of sale of marijuana. At sentencing, the trial court imposed probation with various conditions and monetary assess…
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PER CURIAM.
We affirm the appellant’s conviction and sentence for sale of marijuana. We remand for the trial court to make the follow ing corrections to the order of probation.
First, that portion of Condition (12) of the probation order that requires the appellant to pay for random drug testing is stricken because it was not orally pronounced and is not included in the standard conditions of probation. E.g., Kirkland v. State, 666 So. 2d 974 (Fla. 1st DCA1996).
We also strike the special condition of probation ordering that the appellant, though pronounced indigent, would nonetheless be responsible for paying the costs of an unsuccessful appeal. See Davis v. State, 634 So. 2d 287 (Fla. 1st DCA 1994).
We likewise strike imposition of the public defender’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 from the record the statutory authority for that assessment. On remand, the court may reimpose the $53 if the proper authority is cited. Bradshaw v. State, 638 So. 2d 1024, 1026 (Fla. 1st DCA 1994). Although we conclude that a $609 assessment for depositions is authorized under section 27.56(l)(a), Florida Statutes, we reduce that amount by $200, the amount the appellant was assessed pursuant to section 27.3455, Florida Statutes. See § 27.56(l)(a), Fla. Stat. The order is otherwise affirmed.
MINER, ALLEN and MICKLE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Cited By
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Sculley v. State, 742 So. 2d 286 (Fla. 1st DCA 1998)…ore, we affirm the conviction and sentence, except for the public defender fee imposed, because the trial court did not inform appellant of his right to a hearing to contest the amount thereof, before it imposed the lien. See, e.g., Bailey v. State, 677 So. 2d 1358 (Fla. 1st DCA 1996) (striking imposition of the public defender’s lien where the appellant was not informed that he had a right to challenge the $450 assessment). Cf. Mitchell v. State, 678 So. 2d 1362 (Fla. 1st DCA 1996) (affirming imposition of li…
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Miller v. State, 697 So. 2d 200 (Fla. 2d DCA 1997)…t’s convictions. We strike from each probation order a four percent surcharge on all court-ordered monetary obligations because there is no statutory authority for that surcharge. Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995); Bailey v. State, 677 So. 2d 1358 (Fla. 1st DCA 1996). Each probation order contains a random testing requirement in Condition (12). The second sentence of that condition states “[y]ou shall be required to pay for the test unless payment is waived by your officer.” We strike that…
Authorities Cited
- Torey Bradshaw and Alford R. Martin v. State, 638 So. 2d 1024 (Fla. 1st DCA 1994)
- Kirkland v. State, 666 So. 2d 974 (Fla. 1st DCA 1996)
- Brock v. State, 667 So. 2d 1014 (Fla. 1st DCA 1996)
- Davis v. State, 634 So. 2d 287 (Fla. 1st DCA 1994)
- Hardy v. State, 667 So. 2d 956 (Fla. 1st DCA 1996)
- Klug v. State, 667 So. 2d 956 (Fla. 1st DCA 1996)