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Norton v. State

District Court of Appeal of Florida, Second District
Oct 16, 1996
681 So. 2d 1186 (Fla. Dist. Ct. App. 1996)

Opinion

No. 95-01488.

October 16, 1996.

An Appeal from the Circuit Court, Polk County, Charles B. Curry, J.

Ronald N. Toward, Bartow, for Appellant and Ricky Lynn Norton, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Dale E. Tarpley, Assistant Attorney General, Tampa, for Appellee.


After appellate counsel filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Ricky Norton, pro se, filed a brief challenging certain probation conditions and costs/fines. We affirm the judgment, but strike the following conditions of probation and costs/fines.

Norton argues and the state agrees that the portions of conditions 8 and 20 requiring Norton to pay for random drug testing and to pay for an evaluation for alcohol abuse must be stricken as they are special conditions of probation not orally pronounced. McCoy v. State, 675 So.2d 993 (Fla. 2d DCA 1996). Additionally, we strike condition 24, requiring an evaluation to determine the need for inpatient drug treatment; it is a special condition of probation which was not orally pronounced. State v. Hart, 668 So.2d 589 (Fla. 1996).

Finally, we strike the $433.00 cost/fine which was imposed without statutory authority, and the $2.00 cost imposed pursuant to section 943.25(13), Florida Statutes (1993), since it was not orally pronounced at sentencing. Reyes v. State, 655 So.2d 111 (Fla. 2d DCA 1995)(en banc).

RYDER, A.C.J., and LAZZARA and QUINCE, JJ., concur.


Summaries of

Norton v. State

District Court of Appeal of Florida, Second District
Oct 16, 1996
681 So. 2d 1186 (Fla. Dist. Ct. App. 1996)
Case details for

Norton v. State

Case Details

Full title:RICKY LYNN NORTON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Oct 16, 1996

Citations

681 So. 2d 1186 (Fla. Dist. Ct. App. 1996)

Citing Cases

Walker v. State

We also strike Condition C, calling for drug/alcohol evaluation and treatment. See Norton v. State, 681 So.2d…