Tate v. State

Full title: Eric Devone TATE, Appellant, v. STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Second District

Date published: Nov 27, 1996

683 So. 2d 626 (Fla. Dist. Ct. App. 1996)

Opinion

No. 95-03483.

November 27, 1996.

Appeal from the Circuit Court for Polk County; Dennis P. Maloney, Judge.

James Marion Moorman, Public Defender, and Robert D. Rosen, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Robert J. Krauss, Sr. Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

We affirm appellant's judgment and sentences. We strike, however, the words "to pay for" from condition 8 of the orders of probation because that portion is a special condition which was not orally pronounced at sentencing. Luby v. State, 648 So.2d 308 (Fla. 2d DCA 1995).

Affirmed as modified.

FRANK, A C.J., and BLUE and LAZZARA, JJ., concur.