Green v. State

Patrick GREEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided January 27, 1995.

District Court of Appeal of Florida · decided 1995-01-27

Cited by 5 later decisions — most recently January 1997

5 state decisions

Relies on Tibero v. State · Smith v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1995-01-27

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¶1James B. Gibson, Public Defender, and Sean K. Ahmed, Asst. Public Defender, Daytona Beach, for appellant.

¶2Robert A. Butterworth, Atty. Gen., Tallahassee, and Ann M. Childs, Asst. Atty. Gen., Daytona Beach, for appellee.

¶3PER CURIAM.

¶4We affirm the conviction of sexual battery. The condition of probation requiring payment to First Step of Volusia County, Inc., is stricken. Tibero v. State,646 So.2d 213 (Fla. 5th DCA 1994). Based on Smith v. State,622 So.2d 638 (Fla. 5th DCA 1993), and the state's concession, the order imposing a public defender's fee is stricken without prejudice to impose it after compliance with rule 3.720(d)(1).

¶5ORDER STRICKEN WITHOUT PREJUDICE.

¶6DAUKSCH, GOSHORN and PETERSON, JJ., concur.