JOHN EDWARD TALLBEAR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOHN EDWARD TALLBEAR, APPELLANT,
STATE OF FLORIDA, APPELLEE
369 So. 2d 386
Florida District Court of Appeal, Second District (1979)
Caution
Cited by 13 cases
Opinion of the Court
PER CURIAM.
The revocation of appellant’s probation is affirmed, but we remand for deletion of the finding of violation of the condition requiring payment of costs of supervision from the order of revocation. Appellant did not admit this violation, and there was no evidence to show that appellant was able to pay the costs. Coxon v. State, 365 So. 2d 1067 (Fla.2d DCA 1979).
GRIMES, C. J., and SCHEB and DAN-AHY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (13 total)
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Yesnes v. State, 440 So. 2d 628 (Fla. 1st DCA 1983)…on the other hand, argues that the proper test of the affidavit’s sufficiency [*632] is whether a reasonable person, knowing all the facts the affiant knew, would believe probable cause existed to search defendant’s residence. E.g., State v. Heape, 369 So. 2d 386 (Fla. 2d DCA 1979). The essence of the state’s contention is that the affidavit is sufficient because the informants, although unknown, appear to be victims and corroborate each other. The state’s brief does not point to any other recitals in the af…
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State v. Boyd, 369 So. 2d 432 (Fla. 2d DCA 1979)…PER CURIAM. Reversed on the authority of State v. Heape, 369 So. 2d 386 (Fla.2d DC A 1979). BOARDMAN, Acting C. J., and SCHEB and OTT, JJ., concur.…
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Younger v. State, 433 So. 2d 636 (Fla. 5th DCA 1983)…an impartial magistrate to determine whether probable cause exists. Id. To be sufficient, the affidavit must state facts, not conclusions. Id. However, affidavits for search warrants should not be scrutinized for technical niceties. State v. Heape, 369 So. 2d 386 (Fla. 2d DCA 1979). Such affidavits should be tested and interpreted by magistrates and courts in a common-sense and realistic fashion since they are usually drafted by non-lawyers in the midst of a criminal in [*640] vestigation. United States v. V…
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- Coxon v. State, 365 So. 2d 1067 (Fla. 2d DCA 1979)