ANTONIO BAKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Antonio Baker appeals his convictions and terms of probation imposed for sale of cocaine and possession of cocaine with intent to sell. We strike the part of condition three of the probation order that prohibits Baker from carrying “destructive devices.” See Holmes v. State, 675 So. 2d 995 (Fla. 2d DCA 1996). We also strike the $100 cost imposed for an FDLE lab fee. Although the state requested this cost at the sentencing hearing, it offered no documentation to support the fee, and the trial court did not find that Mr. Baker had the ability to pay. See Reyes v. State, 655 So. 2d 111, 118-19 (Fla. 2d DCA 1995). We affirm Mr. Baker’s convictions and sanctions in all other respects.
Affirmed as modified.
PATTERSON, A.C.J., and ALTENBERND and FULMER, JJ., concur.
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Lopez v. State, 718 So. 2d 1262 (Fla. 2d DCA 1998)…concedes, and we agree, that the trial court erred in ordering restitution on the grand theft conviction for damages sustained by the victims in fifteen separate crimes which ultimately resulted in misdemeanor convictions.1 See McMonagle v. State, 696 So. 2d 830 (Fla. 2d DCA 1997) (error to require defendant to pay restitution for damages occurring in crime unrelated to crime for which he was being sentenced). [*1263] Accordingly, we remand to the trial court to strike that portion of the probation order re…
Authorities Cited
- Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)
- Holmes v. State, 675 So. 2d 995 (Fla. 2d DCA 1996)