Simmons v. State

Steven Simmons appeals his written order of probation on the grounds that the trial *755court imposed certain conditions without first pronouncing them in open court. Appellant has raised several meritorious points and to that extent we reverse as set forth below. We otherwise affirm the written order of probation.

The trial court erred in prohibiting appellant from using intoxicants to excess as a condition of probation. See Zeigler v. State, 647 So.2d 272 (Fla. 4th DCA 1994). The trial court also erred in requiring appellant, without pronouncement in open court, to pay $2 for the “County…