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679 So. 2d 842

Hill v. State

District Court of Appeal of Florida

Decided September 11, 1996

District Court of Appeal of Florida · decided 1996-09-11

Relies on 668 So. 2d 589 - State v. Hart · 673 So. 2d 585 - Pitre v. Louisiana Tech University

Decided 1996-09-11

THREADGILL, Chief Judge.

¶1Robert Hill appeals his sentence for burglary of a dwelling, challenging the imposition of three probation conditions that were not orally pronounced at sentencing. We strike a portion of one condition, but affirm the remaining conditions.

¶2Mr. Hill was on constructive notice of condition (4) regarding the possession of weapons, condition (7) regarding the use of intoxicants to excess, and the portion of condition (12) that requires him to submit to random testing to determine the use of alcohol or controlled substances; thus, the trial court was not required to pronounce orally these conditions at sentencing. See State v. Hart, 668 So.2d 589 (Fla.1996); § 948.03(1)(j)1., Fla.Stat. (1993); Fla.R.Crim. P. 3.986(e). We strike, however, the portion of condition (12) that requires Mr. Hill to pay for the random testing unless waived by the probation officer, because that language is not contained in section 948.03 and was not orally pronounced at sentencing. See *843Williams v. State, 673 So.2d 586 (Fla. 2d DCA 1996).

¶3Affirmed in part; stricken in part.

BLUE and FULMER, JJ., concur.
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