Public-domain · open source
OpenJurist

658 So. 2d 615

Gaines v. State

District Court of Appeal of Florida · decided 1995-07-19

Relies on 655 So. 2d 111 - Reyes v. State · 645 So. 2d 1 - Tomlinson v. State

Decided 1995-07-19

PER CURIAM.

¶1We affirm the defendant’s conviction and sentence for robbery. We strike that portion of the condition of probation prohibiting excessive use of intoxicants because that requirement was not pronounced at sentencing. See Tomlinson v. State, 645 So.2d 1 (Fla. 2d DCA 1994). We further strike the imposition of $33 for a “cost/fine,” $2 pursuant to section 943.25(13), Florida Statutes (1993), and $493.62 in extradition costs. See Reyes v. State, 655 So.2d 111 (Fla. 2d DCA 1995). Upon remand, the state may seek to reimpose such costs after complying with Reyes.

¶2Affirmed as modified.

DANAHY, A.C.J., and ALTENBERND and WHATLEY, JJ., concur.
/658/so2d/615 · .json · Public domain