Florida District Courts of Appeal, 1996

Dunaway v. State

Dunaway v. State
Florida District Courts of Appeal · Decided May 31, 1996 · Altenbernd, Frank, Quince
681 So. 2d 741; 1996 Fla. App. LEXIS 5630; 1996 WL 284267 (Southern Reporter, Second Series)

Dunaway v. State

Opinion of the Court

PER CURIAM.

John Dunaway challenges several conditions of probation that were not orally pronounced by the trial court. We affirm the two conditions involving the possession of weapons and firearms and the use of intoxicants to excess. These are general conditions of probation that do not have to be pronounced at sentencing. See State v. Hart, 668 So.2d 589 (Fla. 1996). We strike that portion of condition (12) which requires Dunaway to pay for random drug testing. This is a special condition of probation which must be orally pronounced. Swinton v. State, 670 So.2d 1128 (Fla. 2d DCA 1996). In all other respects the. probation order is affirmed.

FRANK, A.C.J., and ALTENBERND and QUINCE, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.