LOUISE MAGGIE RUTH YOUNG, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the revocation of probation and conviction but remanded for correction of the revocation order and judgment and sentence documents.
Appellant's probation was revoked, and she was convicted. The revocation order and judgment contained imperfections regarding findings of ability to p…
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PER CURIAM.
After careful review, we affirm the revocation of appellant’s probation and her subsequent conviction. However, we agree with her that there are imperfections in the revocation order and in the judgment and sentence which necessitate a remand for correction.
Among the violations of probation with which appellant was charged were two concerning the failure to make payments as required by the terms of probation. The court found appellant guilty of these two violations, but it should not have done so since it did not make a finding that appellant had the ability to make the payments. Coxon v. State, 365 So. 2d 1067 (Fla.2d DCA 1979). Accordingly the court should now remove any reference to these violations from the revocation order. At sentencing, the court ordered appellant to serve a fifteen-year prison term in case number 76-7348, a five-year prison term in case number 76-7349, and a fifteen-year prison term in case number 76-7350. However, the written judgments and sentences and the uniform custody papers reverse the terms imposed in 76-7349 and 76-7350. Consequently, the court must alter these documents so that they conform to its oral pronouncements.
HOBSON, Acting C. J., and SCHEB and OTT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Smith v. State, 377 So. 2d 250 (Fla. 3d DCA 1979)…work I can do.” The court found that appellant had failed to make restitution. It also found that the appellant did not have the ability to make payments and therefore properly held that the appellant was not in willful violation. Young v. State, 370 So. 2d 832 (Fla. 2d DCA 1979); Coxon v. State, 365 So. 2d 1067 (Fla. 2d DCA 1979); Jones v. State, 360 So. 2d 1158 (Fla. 1st DCA 1978); Page v. State, 363 So. 2d 621 (Fla. 1st DCA 1978). Thereafter the court modified his probation and extended it six months. T…
Authorities Cited
- Coxon v. State, 365 So. 2d 1067 (Fla. 2d DCA 1979)