Florida District Courts of Appeal, 1997

Zyburo v. State

Florida District Courts of Appeal · Decided November 12, 1997 · Blue, Dennis, Fulmer, Maloney

701 So. 2d 641; 1997 Fla. App. LEXIS 12706; 1997 WL 716590 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

City of Apopka v. All Corners, Inc. (Fla. Dist. Ct. App. 1997)

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Opinion of the Court

PER CURIAM.

The appellant, Edward Zyburo, challenges the judgments and sentences imposed upon him by the trial court after he was found guilty by a jury of two counts of aggravated assault. We affirm the convictions but strike a portion of a condition of community control.

That portion of condition (10) of the order of community control which requires appellant to pay for testing for drugs, alcohol, or controlled substances is stricken because it is a special condition and it was not announced by the trial court at the sentencing hearing. See Boyd v. State, 688 So.2d 959 (Fla. 2d DCA 1997). We affirm the judgments and sentences in all other respects.

Affirmed as modified.

BLUE, A.C.J., FULMER, J., and MALONEY, DENNIS P., Associate Judge, concur.

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