Friend v. State

We affirm appellant’s conviction for second degree grand theft and the sentence except for restitution. The evidence adduced by the state will support restitution of only the sum of $61,973, the amount of the check received by appellant in the scheme for which he stands convicted.

We follow the reasoning of Fitts v. State, 649 So.2d 300 (Fla. 2d DCA 1995), and strike the probationary condition of not using intoxicants to excess because the condition was not pronounced at sentencing. We also strike the imposition of public defender and county commission fees because, apart from the failure to…