Robinson v. State

• Decision Date: 21 February 1997
• Docket Number: No. 96-1107,96-1107
• Citation: 687 So.2d 992
• Parties: 22 Fla. L. Weekly D481 Bruce ROBINSON, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 992

687 So.2d 992

22 Fla. L. Weekly D481

Bruce ROBINSON, Appellant, v. STATE of Florida, Appellee.

No. 96-1107.

District Court of Appeal of Florida, Fifth District.

Feb. 21, 1997.

Appeal from the Circuit Court for Marion County, Thomas D. Sawaya, Judge.

James B. Gibson, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Mary G. Jolley, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

The defendant alleges that the trial court erred by improperly instructing the jury and in failing to orally announce special conditions of probation at sentencing. These arguments are not supported by the record. Accordingly, we affirm the defendant's judgment and sentence. However, we strike the imposition of the $100 "drug surcharge" and the $15 "county assessment" because the statutory authority for imposition of these costs was not set forth on the sentencing form, nor otherwise referenced. See Samuels v. State, 649 So.2d 272, 273 (Fla. 5th DCA 1994), cause dismissed, 657 So.2d 1163 (Fla.1995). See also Fla. R.Crim. P. 3.986(c).

JUDGMENT and SENTENCE AFFIRMED; COSTS STRICKEN.

COBB, SHARP, W., and ANTOON, JJ., concur.