TIMOTHY FLEMING, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
TIMOTHY FLEMING, APPELLANT,
STATE OF FLORIDA, APPELLEE
372 So. 2d 132
Florida District Court of Appeal, Fourth District (1979)
Opinion of the Court
PER CURIAM.
Affirmed.
CROSS and MOORE, JJ., concur.
ANSTEAD, J., concurs specially with opinion.
Concurrence
ANSTEAD, Judge,
specially concurring:
I agree that the proof was sufficient to sustain revocation of probation on two counts, but a third finding of appellant’s failure to pay a number of monthly supervisory fees was in error because there was no proof that appellant had the financial ability to make the payments. Accordingly, that portion of the revocation order should be stricken. Cohen v. State, 365 So. 2d 1052 (Fla. 4th DCA 1978).