Estrada v. State

District Court of Appeal of Florida

Estrada v. State

689 So. 2d 372, 1997 Fla. App. LEXIS 1398, 1997 WL 71744

District Court of Appeal of Florida·Decided February 21, 1997·No. No. 95-02660·Published·Cited by 1 cases

Opinion

PER CURIAM.

The defendant, Paleno Estrada, challenges his judgment and sentence for aggravated battery. After a review of the record in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we affirm the defendant’s conviction. We strike, however, that portion of probation condition 9 requiring Mr. Estrada to pay for random drug and alcohol testing because it is a special condition that was not orally announced at sentencing. Luby v. State, 648 So.2d 308 (Fla. 2d DCA 1995). We affirm the sentence in all other respects.

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

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PER CURIAM.

The defendant, Paleno Estrada, challenges his judgment and sentence for aggravated battery. After a review of the record in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we affirm the defendant’s conviction. We strike, however, that portion of probation condition 9 requiring Mr. Estrada to pay for random drug and alcohol testing because it is a special condition that was not orally announced at sentencing. Luby v. State, 648 So.2d 308 (Fla. 2d DCA 1995). We affirm the sentence in all other respects.

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

Estrada v. State, 689 So. 2d 372, 1997 Fla. App. LEXIS 1398, 1997 WL 71744 (Fla. Ct. App. 1997).

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Opinion

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