IRIS BATTS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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ANTOON, Judge.
In this Anders1 appeal, the appellant entered a no contest plea to the charge of purchasing cannabis.2 He was sentenced to one year drug offender probation. Upon review of the record, we conclude that two conditions of the appellant’s probation must be stricken because they were not orally pronounced by the trial court: (1) the portion of condition 11 which requires that the appellant pay for blood and other tests, see Jackson v. State, 685 So. 2d 1386 (Fla. 5th DCA 1997); and (2) condition 12, which confines the appellant to her residence with certain exceptions, see Welborn v. State, 687 So. 2d 35 (Fla. 4th DCA 1997).
PROBATION ORDER AFFIRMED AS MODIFIED.
COBB and HARRIS, JJ., concur. . Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
. §§ 893.03(l)(c)4, 893.13(2)(a)2, Fla. Stat. (1996).
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Cozza v. State, 756 So. 2d 272 (Fla. 3d DCA 2000)…6(1), Fla. Stat. (1995). The court then is to grant credit for time served, unless such credit has been waived as part of a plea bargain. The trial court also relied on Echols v. State, 660 So. 2d 782, 786 (Fla. 4th DCA 1995), and Garrett v. State, 693 So. 2d 114, 115 (Fla. 2d DCA 1997). In those cases the courts prohibited the defendant from receiving double credit for time served. That issue is likewise not involved here. We reverse the order denying postcon-viction relief and remand for further considera…
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Willis v. State, 742 So. 2d 419 (Fla. 5th DCA 1999)…lis contends that the trial court erred in so ruling, arguing that the trial court should have credited his sentence with, the time he spent in county jail following his arrest on these charges. As Judge Altenbernd aptly noted in Garrett v. State, 693 So. 2d 114 (Fla. 2d DCA 1997), a defendant “must receive credit for all time served in jail between the time he was arrested ... and when he was transferred to the Department of Corrections following sentencing.” Id. at 115. However, “[h]e is entitled to credi…
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Rolle v. State, 935 So. 2d 561 (Fla. 5th DCA 2006)…PER CURIAM. AFFIRMED. See Echols v. State, 660 So. 2d 782, 786 (Fla. 4th DCA 1995), and Garrett v. State, 693 So. 2d 114, 115 (Fla. 2d DCA 1997). PLEUS, C.J., THOMPSON and TORPY, JJ., concur.…
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- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Jackson v. State, 685 So. 2d 1386 (Fla. 5th DCA 1997)
- Edmond A. Welborn v. State, 687 So. 2d 35 (Fla. 4th DCA 1997)