Delegge v. State

District Court of Appeal of Florida

Delegge v. State

687 So. 2d 948, 1997 Fla. App. LEXIS 950, 1997 WL 55669

CourtDistrict Court of Appeal of Florida

DecidedFebruary 12, 1997

DocketNo. 94-04260

StatusPublished

Cited by1 cases

This text of 687 So. 2d 948 (Delegge 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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Delegge v. State, 687 So. 2d 948, 1997 Fla. App. LEXIS 950, 1997 WL 55669 (Fla. Ct. App. 1997).

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Opinion

FRANK, Judge.

Louis Delegge has been convicted of two counts of interference with child custody and one count of battery. Our review of the issues raised on appeal indicates error only with respect to certain costs and conditions of probation imposed at sentencing. Specifically, we strike an $80.00 investigative cost due to noncompliance with the procedures described in section 939.01, Florida Statutes (1995). James v. State, 662 So.2d 995 (Fla. 2d DCA 1995). We strike that portion of condition four which suggests that a probation officer may permit a convicted felon to carry a firearm. Roberson v. State, 654 So.2d 1256 (Fla. 2d DCA 1995). For lack of oral pronouncement, we strike condition nine requiring a $12.00 payment to the First Step Program and that portion of condition ten requiring Delegge to pay the costs of any substance evaluation and treatment. Id. at 1257. We otherwise affirm the judgment and sentence.

SCHOONOVER, A.C.J., and BLUE, J., concur.

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FRANK, Judge.

Louis Delegge has been convicted of two counts of interference with child custody and one count of battery. Our review of the issues raised on appeal indicates error only with respect to certain costs and conditions of probation imposed at sentencing. Specifically, we strike an $80.00 investigative cost due to noncompliance with the procedures described in section 939.01, Florida Statutes (1995). James v. State, 662 So.2d 995 (Fla. 2d DCA 1995). We strike that portion of condition four which suggests that a probation officer may permit a convicted felon to carry a firearm. Roberson v. State, 654 So.2d 1256 (Fla. 2d DCA 1995). For lack of oral pronouncement, we strike condition nine requiring a $12.00 payment to the First Step Program and that portion of condition ten requiring Delegge to pay the costs of any substance evaluation and treatment. Id. at 1257. We otherwise affirm the judgment and sentence.

SCHOONOVER, A.C.J., and BLUE, J., concur.

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687 So. 2d 948, 1997 Fla. App. LEXIS 950, 1997 WL 55669, Counsel Stack Legal Research, https://law.counselstack.com/opinion/delegge-v-state-fladistctapp-1997.

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