McDaniels v. State, 679 So. 2d 840 (Fla. 2d DCA 1996). · Go Syfert
McDaniels v. State, 679 So. 2d 840 (Fla. 2d DCA 1996). Cases Citing This Book View Copy Cite
6 citation events (1 in the last 25 years) across 1 distinct court.
Strongest positive: Smith v. State (fladistctapp, 1997-11-12)
Top citers, strongest first. 2 distinct citers. How cited ↗
cited Cited "see" Smith v. State
Fla. Dist. Ct. App. · 1997 · signal: see · confidence high
See McDaniels v. State, 679 So.2d 840 (Fla. 2d DCA 1996); Reiter v. State, 674 So.2d 189 (Fla. 2d DCA 1996).
cited Cited "see" Brockley v. State
Fla. Dist. Ct. App. · 1997 · signal: see · confidence high
See McDaniels v. State, 679 So.2d 840 (Fla. 2d DCA 1996).
Retrieving the full opinion text from the archive…
Terry McDANIELS, Appellant,
v.
STATE of Florida, Appellee.
95-01203.
District Court of Appeal of Florida, Second District.
Sep 11, 1996.
679 So. 2d 840
Blue.
Cited by 5 opinions  |  Published

Terry McDaniels, pro se.

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

Robert A. Butterworth, Attorney General, Tallahassee, and Dale E. Tarpley, Assistant Attorney General, Tampa, for Appellee.

[*841] BLUE, Judge.

Terry McDaniels appeals, by Anders[1] brief, his judgment and sentence for aggravated battery. After an independent review of the record, the law, and the supplemental brief of the appellant, we agree with the assistant public defender that no reversible error occurred except in the imposition of probation conditions, costs, and fees.

With respect to the probation conditions, conditions 4, 6, 7 and 8 are general conditions contained in the form order of probation and need not be orally pronounced. See State v. Hart, 668 So.2d 589 (Fla.1996). The portion of condition 12 providing for random drug and alcohol testing is also a general condition of probation and need not be orally pronounced. See § 948.03(1)(k)1, Fla.Stat. (Supp.1994); Malone v. State, 652 So.2d 902 (Fla. 2d DCA 1995). The portion of condition 12 requiring McDaniels to pay for the testing is not contained in section 948.03(1)(k)1, and is a special condition of probation. Because the trial court did not announce the payment requirement, we strike that portion of condition 12. See Malone, 652 So.2d at 903-4. Condition 13 requires McDaniels to "waive extradition should a violation of supervision occur." We strike condition 13 because it is a special condition which was not orally pronounced. See Nank v. State, 646 So.2d 762 (Fla. 2d DCA 1994).

We also strike the $144 county costs because it was imposed without citation to statutory authority; we strike the $2 court cost because it was not orally pronounced at sentencing. See Reyes v. State, 655 So.2d 111 (Fla. 2d DCA 1995). In all other respects, the judgment and sentence are affirmed.

CAMPBELL, A.C.J., and QUINCE, J., concur.

1 Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).