MacOn v. State

Katherine MACON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided July 22, 1994.

District Court of Appeal of Florida · decided 1994-07-22

Relies on Gedeon v. State

Decided 1994-07-22

¶1James B. Gibson, Public Defender, and Lyle Hitchens, Asst. Public Defender, Daytona Beach, for appellant.

¶2No appearance for appellee.

¶3PER CURIAM.

¶4Katherine Macon entered a plea of nolo contendere and was sentenced to probation for the offense of welfare fraud.^[1] We affirm the conviction, the sentence and the conditions of probation save one. We strike the imposition of $50.00 to First Step of Volusia County, Inc. Since the trial judge did not orally announce this special condition of probation and gave no statutory authority in the *207 written order for the imposition of payment, it is not legal. Gedeon v. State, 636 So.2d 178 (Fla. 5th DCA 1994).

¶5AFFIRMED in part; STRICKEN in part.

¶6GOSHORN, DIAMANTIS and THOMPSON, JJ., concur.

NOTES

¶7[1] § 409.325, Fla. Stat. (1991).