Farrior v. State

Full title: REGGIE FARRIOR, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Jan 9, 1998

707 So. 2d 777 (Fla. Dist. Ct. App. 1998)

Opinion

Case No. 96-03430.

Opinion filed January 9, 1998.

Appeal from the Circuit Court for Sarasota County; Robert B. Bennett, Judge.

James Marion Moorman, Public Defender and A. Victoria Wiggins, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee and Robert J. Krauss, Assistant Attorney General, Tampa, for Appellee.

FRANK, Acting Chief Judge.

Reggie Farrior appeals from his judgment and sentence for handling and fondling a child under sixteen years of age. We affirm the judgment and sentence, but strike that portion of probation condition (12) requiring Farrior to pay for drug testing because it was not pronounced orally at sentencing. See Tremaine v. State, 698 So.2d 1385 (Fla. 2d DCA 1997). We do not strike probation condition (4) because it did not require oral pronouncement. See Houston v. State, 22 Fla. L. Weekly D2483 (Fla. 2d DCA Oct. 24, 1997).

PATTERSON and ALTENBERND, JJ., Concur.