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693 So. 2d 114

Docket No. 96-3128.

Batts v. State

Iris BATTS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 1997-05-09

Relies on Anders v. California · Jackson v. State · Welborn v. State

Decided 1997-05-09

¶1James B. Gibson, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant.

¶2No appearance for Appellee.

¶3ANTOON, Judge.

¶4In this Anders[1] appeal, the appellant entered a no contest plea to the charge of purchasing cannabis.[2] He was sentenced to one year drug offender probation. Upon review of the record, we conclude that two conditions of the appellant's probation must be stricken because they were not orally pronounced by the trial court: (1) the portion of condition 11 which requires that the appellant pay for blood and other tests, see Jackson v. State, 685 So.2d 1386 (Fla. 5th DCA 1997); and (2) condition 12, which confines the appellant to her residence with certain exceptions, see Welborn v. State, 687 So.2d 35 (Fla. 4th DCA 1997).

¶5PROBATION ORDER AFFIRMED AS MODIFIED.

¶6COBB and HARRIS, JJ., concur.

NOTES

¶7[1] Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

¶8[2] §§ 893.03(1)(c)4, 893.13(2)(a)2, Fla. Stat. (1996).

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