From Casetext: Smarter Legal Research

Bowen v. State

District Court of Appeal of Florida, First District
Dec 12, 1997
702 So. 2d 298 (Fla. Dist. Ct. App. 1997)

Summary

striking payment of $100 to the Drug Abuse Trust Fund and $100 to the Florida Crime Lab because order failed to cite statutory authority for these costs

Summary of this case from Maddox v. State

Opinion

Case No. 96-2110 96-2112

Opinion filed December 12, 1997.

An appeal from Circuit Court for Gadsden County. P. Kevin Davey, Judge.

Nancy A. Daniels, Public Defender, and Carol Ann Turner, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General, and Trina Kramer, Assistant Attorney General, Tallahassee, for Appellee.


In this direct criminal appeal, the appellant challenges costs and a special condition of probation imposed upon his sentencing in April 1996. We strike that portion of the order by which the appellant is directed to pay $100 to the Drug Abuse Trust Fund and $100 to the Florida Crime Lab because the order fails to cite statutory authority for those costs.See, e.g., Fisher v. State, 697 So.2d 1291 (Fla. 1st DCA 1997); Bizzard v. State, 668 So.2d 331 (Fla. 1st DCA), rev. denied, 675 So.2d 926 (Fla. 1996); Madison v. State, 664 So.2d 1140 (Fla. 5th DCA 1995). These discretionary costs may be reimposed upon proper citation, notice and an opportunity to be heard. See id.

We also strike the special condition requiring the appellant to pay the costs of drug testing and treatment because the trial court failed to orally pronounce that condition, and it may not be reimposed. See Fisher, 697 So.2d at 1292; Justice v. State, 674 So.2d 123 (Fla. 1996).

The orders appealed are otherwise affirmed.

ALLEN, WEBSTER and DAVIS, JJ., CONCUR.


Summaries of

Bowen v. State

District Court of Appeal of Florida, First District
Dec 12, 1997
702 So. 2d 298 (Fla. Dist. Ct. App. 1997)

striking payment of $100 to the Drug Abuse Trust Fund and $100 to the Florida Crime Lab because order failed to cite statutory authority for these costs

Summary of this case from Maddox v. State
Case details for

Bowen v. State

Case Details

Full title:WOODROW BOWEN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Dec 12, 1997

Citations

702 So. 2d 298 (Fla. Dist. Ct. App. 1997)

Citing Cases

Maddox v. State

See, e.g., Louisgeste v. State, 23 Fla. L. Weekly D136 (Fla. 4th DCA Jan. 7, 1998), Strickland v. State, 693…

King v. State

Since Reyes and R.T.D. were decided, the first district has been inconsistent in its description of the…