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ABERNATHY v. STATE (2024)

District Court of Appeal of Florida, Fourth District.2024-02-21No. No. 4D2022-3318

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Opinion

James Deane Abernathy appeals his convictions for driving under the influence and a resultant condition of probation. We affirm his conviction and sentence but reverse the courts imposition of a monthly cost of supervision. Specifically, Abernathy argues the judge erred in ordering him to pay a $50 monthly cost of supervision as a condition of probation because the judge failed to orally pronounce the special condition during sentencing. The State concedes the court erred in imposing the $50 monthly cost and asks that we remand the case to allow the court to reduce the cost to $40 per month. We agree with the State, reverse the courts imposition of a $50 monthly cost, and remand for imposition of a cost of $40 per month. See, e.g., Sandoval v. State, 337 So. 3d 5, 7 (Fla. 4th DCA 2022); Paris v. State, 337 So. 3d 2, 3–4 (Fla. 4th DCA 2022).

Affirmed in part, reversed in part, and remanded.

Per Curiam.

Warner, Ciklin and Kuntz, JJ., concur.