Florida District Courts of Appeal, 1995

Gaines v. State

Gaines v. State
Florida District Courts of Appeal · Decided July 19, 1995 · Altenbernd, Danahy, Whatley
658 So. 2d 615; 1995 Fla. App. LEXIS 7740; 1995 WL 421277 (Southern Reporter, Second Series)

Gaines v. State

Opinion of the Court

PER CURIAM.

We 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.

Affirmed as modified.

DANAHY, A.C.J., and ALTENBERND and WHATLEY, JJ., concur.

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