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Cubilete v. State

District Court of Appeal of Florida, Second District
Aug 25, 1995
659 So. 2d 482 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-02250.

August 25, 1995.

Appeal from the Circuit Court for Hillsborough County; Susan Sexton, Judge.

James Marion Moorman, Public Defender, and John C. Fisher, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Kimberly D. Nolen, Asst. Atty. Gen., Tampa, for appellee.


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, 653 So.2d 1068 (Fla. 2d DCA 1995). We strike $2 in court costs imposed pursuant to section 943.25(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.


Summaries of

Cubilete v. State

District Court of Appeal of Florida, Second District
Aug 25, 1995
659 So. 2d 482 (Fla. Dist. Ct. App. 1995)
Case details for

Cubilete v. State

Case Details

Full title:ALEXANDER D. CUBILETE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Aug 25, 1995

Citations

659 So. 2d 482 (Fla. Dist. Ct. App. 1995)