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650 So. 2d 194

Alix v. State

District Court of Appeal of Florida

Decided February 10, 1995

District Court of Appeal of Florida · decided 1995-02-10

Relies on 645 So. 2d 1 - Tomlinson v. State · 559 So. 2d 105 - Zachary v. State · Beckner v. State

Decided 1995-02-10

PER CURIAM.

¶1Jose Alix appeals Ms conviction and sentence for grand theft. We find no reversible error affecting his conviction and affirm.

¶2We agree, however, that the trial court imposed two special conditions of probation without orally pronouncing them at sentencing. This was error. See Zachary v. State, 559 So.2d 105 (Fla. 2d DCA 1990). Condition 4 prohibited the possession or ownership of firearms or weapons without the probation officer’s consent. We affirm the proMbition against owning or possessing firearms but we strike the remainder of condition 4. See Beckner v. State, 604 So.2d 842 (Fla. 2d DCA 1992). We also strike that portion of condition 7 relating to the excessive use of intoxicants but affirm the remainder of condition 7 as a precise definition of a general prohibition that need not be orally pronounced. See Tomlinson v. State, 645 So.2d 1 (Fla. 2d DCA 1994).

¶3In addition, the trial court imposed an assessment for the court improvement fund with no citation to the statutory authority and imposed costs of prosecution without following the statutory procedure. Accordingly, we strike these costs. See Sutton v. State, 685 So.2d 1032 (Fla. 2d DCA 1994). On remand, the state may seek reimposition if it follows the dictates of Sutton.

¶4Affirmed in part, reversed in part, and remanded.

SCHOONOVER, A.C.J., and PATTERSON and BLUE, JJ., concur.
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