GUNN v. STATE

Full title: ROBERT A. GUNN, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: May 8, 2002

Case No. 4D01-2134 (Fla. Dist. Ct. App. May. 8, 2002)

Opinion

Case No. 4D01-2134.

Opinion filed May 8, 2002.

Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Indian River County; Larry Schack, Judge; L.T. Case No. 01-154 CF.

Carey Haughwout, Public Defender, and Paul E. Petillo, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Georgina Jimenez-Orosa, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

We reverse and remand with directions to strike that portion of the Administrative Probation Order which imposed payment of $50 plus 5% for the Indian River County Alcohol and Drug Abuse Trust Fund. The trial court may impose these fees in the event it finds Appellant has the ability to pay such amounts. See §§ 938.21- 938.23 (Florida Statutes).

We affirm the sentence and conviction in all other respects.

FARMER, STEVENSON and MAY, JJ., concur.

NOT FINAL UNTIL THE DISPOSITION OF ANY TIMELY FILED MOTION FOR REHEARING.