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Stanley v. State

District Court of Appeal of Florida, First District
Dec 1, 1997
701 So. 2d 909 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 96-909

Opinion filed December 1, 1997.

An appeal from the Circuit Court for Suwannee County. John W. Peach, Judge.

Nancy A. Daniels, Public Defender; Kathleen Stover, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; James W. Rogers, Senior Assistant Attorney General, Tallahassee, for Appellee.


In this direct criminal appeal, the public defender has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967). Although afforded an opportunity to do so, appellant has elected not to file a brief in proper person. Having reviewed the entire record, we agree that no error requiring reversal of either the convictions or sentences occurred. Accordingly, we affirm the convictions, and the sentences imposed. However, we strike, because it was not orally pronounced, that portion of the order (entered on February 27, 1996) placing appellant on probation following completion of his sentences which directs that appellant shall be responsible for the costs of mandated drug testing and evaluation. See Curry v. State, 682 So.2d 1091 (Fla. 1996). We also strike that portion of the order which imposed a fine, because the statutory authority therefor is not cited. See Williams v. State, 674 So.2d 885 (Fla. 2d DCA 1996). On remand, the trial court may reimpose the fine, provided that it cites the statutory authority therefor.

AFFIRMED and REMANDED, with directions.

WEBSTER, MICKLE and LAWRENCE, JJ., CONCUR.


Summaries of

Stanley v. State

District Court of Appeal of Florida, First District
Dec 1, 1997
701 So. 2d 909 (Fla. Dist. Ct. App. 1997)
Case details for

Stanley v. State

Case Details

Full title:NOAH NATHANIEL STANLEY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Dec 1, 1997

Citations

701 So. 2d 909 (Fla. Dist. Ct. App. 1997)