Opinion
No. 94-02870.
July 19, 1995.
Appeal from the Circuit Court for Polk County; Charles B. Curry, Judge.
James Marion Moorman, Public Defender, and Julia Diaz, Asst. Public Defender, Bartow, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Stephen D. Ake, Asst. Atty. Gen., Tampa, for appellee.
The appellant challenges his judgment and sentence for armed burglary and grand theft. We find no error affecting the appellant's convictions and therefore affirm. However, we strike certain conditions of probation and costs which the trial court improperly imposed and remand for a new restitution hearing.
The following special conditions were not announced at sentencing and must be stricken: condition 5 which prohibits the use of intoxicants to excess, Tomlinson v. State, 645 So.2d 1 (Fla. 2d DCA 1994); and condition 8 which requires the appellant to pay for random drug testing, Nank v. State, 646 So.2d 762 (Fla. 2d DCA 1994).
The $2 cost the trial court imposed pursuant to section 943.25(13), Florida Statutes (1993), was not announced at sentencing and must be stricken. Reyes v. State, 655 So.2d 111 (Fla. 2d DCA 1995). We also strike the $33 cost/fine since the trial court failed to cite statutory authority for the cost. Sutton v. State, 635 So.2d 1032 (Fla. 2d DCA 1994). In addition, the appellant correctly argues that the trial court erred in imposing restitution of $7,012 without sufficient proof of the victim's loss. See Massie v. State, 635 So.2d 110 (Fla. 2d DCA 1994).
Accordingly, we affirm the appellant's convictions for armed burglary and grand theft. We strike the invalid probation conditions and costs, and remand for a new restitution hearing.
Affirmed in part. Reversed in part and remanded.
THREADGILL, C.J., and BLUE, J., concur.