JOHNSON v. STATE, 696 So.2d 831 (Fla.App. 2 Dist. 1997)

MICHAEL L. JOHNSON, APPELLANT, v. STATE OF FLORIDA, APPELLEE.

Case No. 95-03649.District Court of Appeal of Florida, Second District.
Opinion filed March 19, 1997.

Appeal from the Circuit Court for Lee County; Jay B. Rosman, Judge.

James Marion Moorman, Public Defender, and A. Victoria Wiggins, Assistant Public Defender, Bartow, for Appellant.

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

PER CURIAM.

Michael Johnson appeals his convictions and sentences for aggravated assault and aggravated battery on a pregnant woman. We strike the part of condition twelve of Mr. Johnson’s probation order that requires him to pay for breathalyzer or blood testing to determine the presence of alcohol because such requirement is not enumerated in the statutory conditions of probation, and the trial court did not pronounce this aspect of the condition at the sentencing hearing. See §§ 948.03(1)(k), 948.09(6), Fla. Stat. (1995); Kopecki v. State, 670 So.2d 1066 (Fla. 2d DCA 1995). Mr. Johnson’s convictions and sentences are otherwise affirmed.

Affirmed as modified.

PATTERSON, A.C.J., and ALTENBERND and FULMER, JJ., Concur.

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