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PENTY v. STATE

No. 96-05251.

731 So.2d 1 (1997)

Stephen J. PENTY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 19, 1997.

Attorney(s) appearing for the Case

Stephen J. Penty, appellant pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for appellee.

PATTERSON, J.

Stephen Penty challenges certain probation conditions and costs imposed upon him as part of his sentence for aggravated assault. We strike the condition requiring him to pay for evaluation and treatment for drug or alcohol abuse because it is a special condition of probation which was not pronounced at sentencing. See Fennell v. State, 694 So.2d 873 (Fla. 2d DCA 1997). We also strike the condition prohibiting...

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