ANTHONY VICTOR ROSALES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the restitution order but remanded for correction of the probation order.
The defendant appealed a restitution order and a probation condition not orally pronounced. The trial court granted a motion to correct the probation …
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SILBERMAN, Judge.
Anthony Victor Rosales appeals the trial court’s restitution order. His counsel filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), acknowledging that there are no meritorious grounds for reversal but suggesting that remand is required to correct the probation order entered by the trial court. We affirm the order of restitution without comment; however, we remand for entry of a corrected probation order. During the pendency of this appeal, Rosales filed a motion pursuant to Florida Rule of Criminal Procedure 3.800(b)(2) challenging a special condition of probation that was not orally pronounced by the trial court during sentencing. The trial court granted the motion and directed the clerk of the circuit court to prepare a corrected probation order. The record does not reflect that the probation order was corrected, and the State concedes that remand is appropriate. See Grove v. State, 784 So. 2d 1243 (Fla. 2d DCA 2001).
Therefore, we affirm the order of restitution but remand with directions that the trial court enter a corrected probation order striking the requirement that Rosales pay for. drug, alcohol, and controlled substance testing.
SALCINES and STRINGER, JJ., concur.
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Amer Khan Agard v. State, 942 So. 2d 923 (Fla. 2d DCA 2006)…hority to impose such a fee). Judgments and sentences affirmed; imposition of probation processing fee reversed and cause remanded with directions to the trial court to strike the fee and to enter a corrected probation order. See Rosales v. State, 818 So. 2d 684, 685 (Fla. 2d DCA 2002). SILBERMAN and WALLACE, JJ., Concur.…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Grove v. State, 784 So. 2d 1243 (Fla. 2d DCA 2001)
- Walker v. State, 784 So. 2d 1243 (Fla. 2d DCA 2001)