Henke v. State

Full title: PAUL HENKE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: May 1, 1996

686 So. 2d 11 (Fla. Dist. Ct. App. 1996)

Opinion

No. 94-03893.

May 1, 1996.

Appeal from the Circuit Court for Pasco County; Stanley R. Mills, Judge.

James Marion Moorman, Public Defender, and John C. Fisher, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Anne E. Sheer, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

We affirm appellant's convictions. We strike, however, condition 9 of the orders of probation and community control because it is a special condition which was not orally pronounced at sentencing. Nank v. State, 646 So.2d 762 (Fla. 2d DCA 1994). We also strike the words "at your own expense" from condition 10. Luby v. State, 648 So.2d 308 (Fla. 2d DCA 1995).

Affirmed as modified.

DANAHY, A.C.J., and LAZZARA and WHATLEY, JJ., concur.