Bridgette BROWN, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, Second District.
*1059 James Marion Moorman, Public Defender, and Joseph F. Bohren, II, Asst. Public Defender, Bartow, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Joseph Hwan-Yul Lee, Asst. Atty. Gen., Tampa, for appellee.
RYDER, Judge.
Bridgette Brown challenges the trial court's denial of her motion for judgment of acquittal, admission of hearsay evidence and imposition of probation conditions and court costs. We find merit only in her arguments addressing probation conditions and costs. We therefore affirm on the other issues presented without discussion. For the reasons addressed below, we strike certain conditions of her probation and costs imposed.
Brown first challenges condition of probation number four, which provides: "You will neither possess, carry or own any weapons or firearms. You will not possess, carry or own any weapons without first procuring the consent of your [probation] officer." We affirm the portion of this condition that prohibits Brown, a convicted felon, from possessing, carrying or owning a firearm. § 790.23, Fla. Stat. (1991); Hall v. State,
Brown also contests condition seven, which states: "You will not use intoxicants to excess or possess any drugs or narcotics unless prescribed by a physician. Nor will you visit places where intoxicants, drugs or other dangerous substances are unlawfully sold, dispensed or used." We strike the portion of this condition that prohibits the excessive use of intoxicants because it was not orally pronounced at sentencing; we affirm the balance of the condition as a precise definition of a general prohibition that need not be announced in court. Tomlinson.
Brown also challenges the court's imposition of the following costs: $255 in court costs, $100 to the court improvement fund and $100 for costs of prosecution. The court cited no statutory authority for these costs, either at the sentencing hearing or in its written order. While Brown's appeal was pending, we decided Reyes v. State,
Judgment and sentence affirmed, portions of probation conditions and costs assessed stricken.
FRANK, C.J. and THREADGILL, J., concur.
