Gunn v. State, 818 So. 2d 681

ON MOTION FOR REHEARING

PER CURIAM.

We grant the motion for rehearing and substitute this opinion for that previously issued. We reverse and remand with directions to strike that portion of the Administrative Probation Order which imposed payment of $50 plus 5% for the Indian River County Alcohol and Drug Abuse Trust Fund and the $100 fee payable to the FDLE Statewide Criminal Analysis Lab, pursuant to § 938.25. The trial court may impose these fees in the event it finds Appellant has the ability to pay such amounts. See §§ 938.21-938.23 (Florida Statutes).

We affirm the sentence and conviction in all other respects.

FARMER, STEVENSON and MAY, JJ., concur.

Case Details

Case Name: Gunn v. State

Court Name: District Court of Appeal of Florida

Date Published: Jun 12, 2002

Citations: 818 So. 2d 681; 2002 WL 1285096; 4D01-2134

Docket Number: 4D01-2134

Court Abbreviation: Fla. Dist. Ct. App.