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BROWN v. STATE

No. 94-478.

657 So.2d 1280 (1995)

David Anthony BROWN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

July 21, 1995.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and James T. Cook, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Michael D. Crotty, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

The special condition of probation that requires the appellant to pay $36 to First Step of Volusia County is stricken. Tibero v. State, 646 So.2d 213 (Fla. 5th DCA 1994). The assessment of $250 investigative costs by the state attorney's office is also stricken. The state attorney never requested nor documented this cost as required by section 939.01(1), Florida Statutes (1993).

The order of restitution...

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