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Flowers v. State

District Court of Appeal of Florida, Second District
Aug 16, 1995
659 So. 2d 448 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-02634.

August 16, 1995.

Appeal from the Circuit Court for Polk County; Daniel True Andrews, Judge.

James Marion Moorman, Public Defender, and Timothy J. Ferreri, Asst. Public Defender, Bartow, for appellant.

Jerry L. Flowers, pro se.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Stephen D. Ake, Asst. Atty. Gen., Tampa, for appellee.


We have reviewed the record pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and we affirm Jerry Flowers' convictions and sentences. Because they were not orally pronounced at sentencing, however, we strike the special conditions of probation found in conditions three, five, eight, eighteen, and twenty. See, e.g., Hamilton v. State, 653 So.2d 1068 (Fla. 2d DCA 1995); Nank v. State, 646 So.2d 762 (Fla. 2d DCA 1994). In addition, we strike the $288 in court costs and the $100 lab fee for the Florida Department of Law Enforcement because they were imposed without any reference to the statutory basis for their assessment. See Sutton v. State, 635 So.2d 1032 (Fla. 2d DCA 1994); Reyes v. State, 655 So.2d 111 (Fla. 2d DCA 1995) (en banc).

Accordingly, we affirm the convictions and sentences. We remand so the trial court can modify the written order of probation and allow the state to seek reimposition of costs.

THREADGILL, C.J., and PARKER and BLUE, JJ., concur.


Summaries of

Flowers v. State

District Court of Appeal of Florida, Second District
Aug 16, 1995
659 So. 2d 448 (Fla. Dist. Ct. App. 1995)
Case details for

Flowers v. State

Case Details

Full title:JERRY L. FLOWERS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Aug 16, 1995

Citations

659 So. 2d 448 (Fla. Dist. Ct. App. 1995)

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