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697 So. 2d 200

Miller v. State

District Court of Appeal of Florida · decided 1997-07-18

Cited by 1 later decisions — most recently March 2002

1 state decisions

Relies on 655 So. 2d 111 - Reyes v. State · 581 So. 2d 149 - In Re Anders Briefs · Guinn v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1997-07-18

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DANAHY, Acting Chief Judge.

¶1The appellant pleaded nolo contendere in four cases. He has filed a notice of appeal with respect to his judgments and sentences. We have reviewed this matter in accordance with our obligation expressed in In re Anders Briefs, 581 So.2d 149 (Fla.1991), and affirm the appellant’s convictions.

¶2We strike from each probation order a four percent surcharge on all court-ordered monetary obligations because there is no statutory authority for that surcharge. Reyes v. State, 655 So.2d 111 (Fla. 2d DCA 1995); Bailey v. State, 677 So.2d 1358 (Fla. 1st DCA 1996).

¶3Each probation order contains a random testing requirement in Condition (12). The second sentence of that condition states “[y]ou shall be required to pay for the test unless payment is waived by your officer.” We strike that sentence in each order because it is a special condition not orally pronounced. Malone v. State, 652 So.2d 902 (Fla. 2d DCA 1995).

¶4We affirm the appellant’s convictions and we affirm his sentences except with respect to the specific items which we have stricken.

THREADGILL and NORTHCUTT, JJ., concur.
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