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604 So. 2d 844

Docket No. 91-02748.

Davis v. State

Anthony Lee DAVIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided July 1, 1992.

Rehearing Denied September 15, 1992.

District Court of Appeal of Florida · decided 1992-07-01

Relies on 592 So. 2d 767 - Tillman v. State · 588 So. 2d 290 - Servis v. State · Beckner v. State

Decided 1992-07-01

¶1James Marion Moorman, Public Defender, and Deborah K. Brueckheimer, Asst. Public Defender, Bartow, for appellant.

¶2Robert A. Butterworth, Atty. Gen., Tallahassee, and Sue R. Henderson, Asst. Atty. Gen., Tampa, for appellee.

¶3PER CURIAM.

¶4We affirm defendant's sentence imposed after the revocation of his probation with the following exceptions. First, probation conditions 6, 10, 15, 19, and 23 are stricken because they were not orally pronounced at the sentencing hearing. See Tillman v. State, 592 So.2d 767 (Fla. 2d DCA 1992). Second, condition 4, which requires the defendant to obtain the consent of his probation officer to possess any firearm is stricken. See Beckner v. State, 604 So.2d 842 (Fla. 2d DCA 1992) (a convicted felony may not lawfully own or possess a firearm). Third, we remand for the trial court to determine, and strike from defendant's extended probationary period for his grand theft conviction, any amount of probation in excess of the statutory maximum. See Servis v. State, 588 So.2d 290 (Fla. 2d DCA 1991).

¶5Remanded for resentencing in accordance with this opinion. Otherwise affirmed.

¶6LEHAN, C.J., and RYDER and PATTERSON, JJ., concur.

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