Conley v. State

District Court of Appeal of Florida

Conley v. State

681 So. 2d 724, 1996 Fla. App. LEXIS 4756, 1996 WL 239288

CourtDistrict Court of Appeal of Florida

DecidedMay 10, 1996

DocketNo. 95-00421

StatusPublished

This text of 681 So. 2d 724 (Conley 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.

Bluebook

Conley v. State, 681 So. 2d 724, 1996 Fla. App. LEXIS 4756, 1996 WL 239288 (Fla. Ct. App. 1996).

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Opinion

PER CURIAM.

On this appeal filed pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), the appellant, Kenneth W. Conley, challenges his judgments and sentences for trespass of an occupied structure, aggravated battery with a firearm, and being a felon in possession of a firearm. Though he raises several issues, we find merit only in his contention that certain costs and probationary conditions were improperly imposed. We therefore strike those costs and conditions.

Specifically, we strike the $45 assessment for the costs of prosecution because such costs were neither requested nor orally pronounced at sentencing. See Brown v. State, 658 So.2d 1058 (Fla. 2d DCA 1995). We also strike all of probation condition nine and that portion of probation condition 13 which requires Conley to pay for drug and alcohol testing, evaluation, and treatment, because those were special conditions which were not orally pronounced at sentencing. See Hamilton v. State, 653 So.2d 1068 (Fla. 2d DCA 1995).

Accordingly, the foregoing costs and conditions are stricken. Conley’s judgments and sentences are otherwise affirmed.

DANAHY, A.C.J., and LAZZARA and WHATLEY, JJ., concur.

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PER CURIAM.

On this appeal filed pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), the appellant, Kenneth W. Conley, challenges his judgments and sentences for trespass of an occupied structure, aggravated battery with a firearm, and being a felon in possession of a firearm. Though he raises several issues, we find merit only in his contention that certain costs and probationary conditions were improperly imposed. We therefore strike those costs and conditions.

Specifically, we strike the $45 assessment for the costs of prosecution because such costs were neither requested nor orally pronounced at sentencing. See Brown v. State, 658 So.2d 1058 (Fla. 2d DCA 1995). We also strike all of probation condition nine and that portion of probation condition 13 which requires Conley to pay for drug and alcohol testing, evaluation, and treatment, because those were special conditions which were not orally pronounced at sentencing. See Hamilton v. State, 653 So.2d 1068 (Fla. 2d DCA 1995).

Accordingly, the foregoing costs and conditions are stricken. Conley’s judgments and sentences are otherwise affirmed.

DANAHY, A.C.J., and LAZZARA and WHATLEY, JJ., concur.

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Bluebook (online)

681 So. 2d 724, 1996 Fla. App. LEXIS 4756, 1996 WL 239288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/conley-v-state-fladistctapp-1996.

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