Dexter v. State
| Decision Date | 12 May 1995 |
| Docket Number | No. 94-02150,94-02150 |
| Parties | 20 Fla. L. Weekly D1156 Christopher DEXTER, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James Marion Moorman, Public Defender, and John S. Lynch, Asst. Public Defender, Bartow, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Angela D. McCravy, Asst. Atty. Gen., Tampa, for appellee.
The defendant, Christopher Dexter, appeals his judgment and sentence for possession of cannabis with intent to sell or deliver and no valid driver's license. He asserts four points on appeal. We address only those which have merit.
The defendant asserts that probation condition 4 must be stricken because the trial court did not pronounce this condition in court. Condition 4 provides, We affirm the first sentence of condition 4 which prohibits ownership or possession of a firearm and strike the second sentence. See Emond v. State, 652 So.2d 419 (Fla. 2d DCA 1995).
Although not raised by the defendant, we also strike the first sentence of probation condition 7 because it was not orally pronounced at sentencing. Condition 7 provides, We affirm the second sentence of condition 7 because it is a more precise definition of the general condition of probation authorized by section 948.03(1)(i), Florida Statutes (1993). See Emond, 652 So.2d at 420.
The defendant also asserts that the trial court improperly imposed court costs. We agree in part. Initially, we note that the record pertaining to the costs is confusing. At the May 13, 1994, sentencing hearing the trial court imposed court costs:
The record contains three forms addressing the costs, the Charges/Costs/Fees form and two orders of probation. All three were signed by the trial court on May 13, 1994. The Charges/Costs/Fees form was filed on the same day and indicates only one cost: $150 to the Hillsborough County Drug Fund. None of the specific court costs are marked. The order of probation filed May 17, 1994, indicates three costs: $150 to the Hillsborough County Drug Fund, $270 court costs and $130 cost of prosecution. A handwritten note indicates that the $270 court costs and $130 cost of prosecution can be converted to community service hours at $5 per hour. The second order of probation, filed May 23, 1994, indicates only one cost: $150 to the Hillsborough County Drug Fund. The following sentence is added at the end of the order, "can convert cost of prosecution and court costs."
The defendant urges that we strike the $150 to the Hillsborough County Drug fund because it is not authorized by statute. This court recently held in Reyes v. State, 20 Fla.L.Weekly D467, --- So.2d ---- (Fla. 2d DCA Feb. 15, 1995) (en banc), that section 893.13(4)(a), Florida Statutes (1991), authorizes this assessment and the reference to the "Hillsborough County Drug Fund" is a sufficient description to substitute for a statutory citation. The trial court properly announced this discretionary cost at the sentencing hearing and the defendant did not object.
The defendant also urges that we strike the $270 court costs or, in the alternative, limit the court costs to $255, the amount of mandatory costs assessable in this case. The defendant asserts that the trial court's failure to check the mandatory court costs on the Charges/Costs/Fees form indicates that the trial court expressly declined to impose this cost. However, the trial court has no discretion to dispense with the...
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Johnson v. State, 96-02641
...DCA 1995); Geeding v. State, 662 So.2d 997 (Fla. 2d DCA 1995); Williamson v. State, 658 So.2d 617 (Fla. 2d DCA 1995); Dexter v. State, 654 So.2d 1248 (Fla. 2d DCA 1995); Heathcoe v. State, 654 So.2d 1258 (Fla. 2d DCA 1995); Howard v. State, 652 So.2d 956 (Fla. 2d DCA 1995); Reed v. State, 6......