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Edmunds v. State

District Court of Appeal of Florida, Second District
Apr 11, 1990
559 So. 2d 415 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-00753.

April 11, 1990.

Appeal from the Circuit Court, Hillsborough County, Harry Lee Coe, III, J.

James Marion Moorman, Public Defender, and Deborah K. Brueckheimer, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Peggy A. Quince, Asst. Atty. Gen., Tampa, for appellee.


Appellant challenges several special conditions of probation and the imposition of court costs by the trial court.

We strike the imposition of court costs because they were imposed without notice and a hearing. Wood v. State, 544 So.2d 1004, 1006 (Fla. 1989); Jenkins v. State, 444 So.2d 947 (Fla. 1984). The state may seek reimposition of costs after proper notice and hearing.

We also strike the following special conditions of probation:

Condition 11 — Visit no bars, restaurants or any place where alcoholic beverages are served without written permission from the probation officer, after consent from judge.

Condition 21 — You are not to be within three (3) blocks of known high drug areas as determined by your probation or community control officer.

Condition eleven is unrelated to the crime for which defendant was convicted, trafficking in cocaine, and relates to conduct which is not itself criminal. See Rodriguez v. State, 378 So.2d 7 (Fla. 2d DCA 1979). Furthermore, it delegates impermissible authority to a probation officer. See Denson v. State, 493 So.2d 60 (Fla. 2d DCA 1986). Condition twenty-one has previously been stricken by this court. See Huff v. State, 554 So.2d 616 (Fla. 2d DCA 1989).

Accordingly, we strike the imposition of court costs and special conditions of probation eleven and twenty-one. Otherwise, we affirm.

SCHEB, A.C.J., and LEHAN and PARKER, JJ., concur.


Summaries of

Edmunds v. State

District Court of Appeal of Florida, Second District
Apr 11, 1990
559 So. 2d 415 (Fla. Dist. Ct. App. 1990)
Case details for

Edmunds v. State

Case Details

Full title:ALAN EDMUNDS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Apr 11, 1990

Citations

559 So. 2d 415 (Fla. Dist. Ct. App. 1990)

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