Boone v. State

District Court of Appeal of Florida

Boone v. State

608 So. 2d 564, 1992 Fla. App. LEXIS 11741, 1992 WL 338516

CourtDistrict Court of Appeal of Florida

DecidedNovember 19, 1992

DocketNo. 91-2820

StatusPublished

Cited by1 cases

This text of 608 So. 2d 564 (Boone v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Boone v. State, 608 So. 2d 564, 1992 Fla. App. LEXIS 11741, 1992 WL 338516 (Fla. Ct. App. 1992).

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Opinion

PER CURIAM.

In this Anders appeal,¹ we find no reversible error with respect to appellant’s conviction for sale of cocaine, and affirm. On this conviction, the circuit court lawfully sentenced appellant, Willie Boone, to a period of community control followed by a period of probation and issued a form order for each. The circuit court also imposed statutory court costs and fees, as noted in both the community control and probation orders. As we construe these orders, the circuit court did not intend to impose such costs and fees twice, and thus we do not disturb the imposition of statutory costs and fees. We further note, however, that the trial court erroneously imposed as a condition of probation the payment of $1.00 per month to First Step of Bay County, Inc., because the trial court failed to orally pronounce such condition at sentencing. Evans v. State, 602 So.2d 998 (Fla. 1st DCA1992). We strike this special condition of probation.

AFFIRMED as modified.

MINER, ALLEN and KAHN, JJ., concur.

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PER CURIAM.

In this Anders appeal,¹ we find no reversible error with respect to appellant’s conviction for sale of cocaine, and affirm. On this conviction, the circuit court lawfully sentenced appellant, Willie Boone, to a period of community control followed by a period of probation and issued a form order for each. The circuit court also imposed statutory court costs and fees, as noted in both the community control and probation orders. As we construe these orders, the circuit court did not intend to impose such costs and fees twice, and thus we do not disturb the imposition of statutory costs and fees. We further note, however, that the trial court erroneously imposed as a condition of probation the payment of $1.00 per month to First Step of Bay County, Inc., because the trial court failed to orally pronounce such condition at sentencing. Evans v. State, 602 So.2d 998 (Fla. 1st DCA1992). We strike this special condition of probation.

AFFIRMED as modified.

MINER, ALLEN and KAHN, JJ., concur.

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608 So. 2d 564, 1992 Fla. App. LEXIS 11741, 1992 WL 338516, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boone-v-state-fladistctapp-1992.

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