WILLIAM DAUGHTRY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
William Daughtry appeals his judgment and sentence alleging the search of his vehicle was illegal. He also argues that certain costs and conditions of probation should not have been imposed. We affirm the judgment because the evidence supports the trial court’s conclusion that Daughtry consented to the search of his vehicle. Conditions (4) and (7) of the probation order are affirmed. See State v. Hart, 668 So. 2d 589 (Fla.1996). We strike the $15.00 imposed for the court improvement fund. Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995). We also strike the $2.00 imposed pursuant to section 943.25(13), Florida Statutes (1991); this is a discretionary cost item that must be orally pronounced at sentencing. Finally, we strike the $130.00 cost of prosecution since there is no indication that this cost was requested by any agency. In all other respects, the judgment and sentence are affirmed.
FRANK, A.C.J., ALTENBERND and QUINCE, JJ., concur.
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Houston v. State, 701 So. 2d 372 (Fla. 2d DCA 1997)…n of condition four on three occasions, relying on the reasoning in Malone and Curry v. State, 656 So. 2d 521 (Fla. 2d DCA 1995).7 On the other hand, we have refused to strike condition four on other occasions, citing to Hart. See Daughtry v. State, 681 So. 2d 740 (Fla. 2d DCA 1996); Powell v. State, 681 So. 2d 722 (Fla. 2d DCA 1996); Ringling v. State, 678 So. 2d 1339 (Fla. 2d DCA 1996). In the same period, the Fourth District has stricken a portion of this condition on one occasion and refused to strike it…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)
- State v. Hart, 668 So. 2d 589 (Fla. 1996)