Cubilete v. State

District Court of Appeal of Florida

Cubilete v. State

659 So. 2d 482, 1995 Fla. App. LEXIS 9014, 1995 WL 502165

CourtDistrict Court of Appeal of Florida

DecidedAugust 25, 1995

DocketNo. 94-02250

StatusPublished

Cited by1 cases

This text of 659 So. 2d 482 (Cubilete 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

Cubilete v. State, 659 So. 2d 482, 1995 Fla. App. LEXIS 9014, 1995 WL 502165 (Fla. Ct. App. 1995).

Pincite

Opinion

PER CURIAM.

Alexander D. Cubilete appeals his conviction and sentence for grand theft. We affirm the conviction but strike certain probation conditions and costs that were not properly imposed.

Because they were not pronounced at sentencing, we strike the special conditions found in probation conditions four and seven. See Hamilton v. State, 658 So.2d 1068 (Fla. 2d DCA 1995). We strike $2 in court costs imposed pursuant to section 948.25(13), Florida Statutes (1993), because this cost is discretionary but was not orally announced at sentencing; we also strike $215 for the court improvement fund. See Reyes v. State, 655 So.2d 111 (Fla. 2d DCA 1995) (en banc).

Convictions affirmed; certain probation conditions and costs stricken.

DANAHY, A.C.J., and PARKER and BLUE, JJ., concur.

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