GEORGE PORTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
GEORGE PORTER, APPELLANT,
STATE OF FLORIDA, APPELLEE
380 So. 2d 523
Florida District Court of Appeal, Fourth District (1980)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
This cause is affirmed. Failure to file four monthly reports is a clear violation of probation when it is one of the imposed conditions. See Coxon v. State, 365 So. 2d 1067 (Fla. 2d DCA 1979).
However, we do not feel that the probationer’s ability to pay his required monthly payments was sufficiently demonstrated. See Woodard v. State, 371 So. 2d 708 (Fla. 4th DCA 1979).
Accordingly, we remand this cause to the trial court to enter a further order removing the holding that failure to make the monthly payments was in violation of probation.
In all other respects this cause is affirmed.
AFFIRMED AS MODIFIED.
ANSTEAD, LETTS and HURLEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Kimble v. State, 396 So. 2d 815 (Fla. 4th DCA 1981)…the remaining two violations were technical and insubstantial. However, the obligation to file monthly reports was specifically imposed by condition two of the probation order and failure to file them may be a basis for revocation. Porter v. State, 380 So. 2d 523 (Fla. 4th DCA 1980) (failure to file four monthly reports was a basis for revocation when imposed as one of the conditions of probation). As to the allegation that appellant failed to carry out his supervisor’s instructions by not appearing for an…
-
Deluca v. State, 383 So. 2d 751 (Fla. 4th DCA 1980)…insufficient to establish that appellant was able to pay the costs of his supervision and extradition, and remand with direction that those violations be stricken from the order. Smith v. State, 380 So. 2d 1175 (Fla. 4th DCA 1980); Porter v. State, 380 So. 2d 523 (Fla. 4th DCA 1980). However, we conclude that appellant’s remaining points on appeal are without merit. Accordingly, we affirm the order revoking appellant’s probation in all other respects. AFFIRMED AS MODIFIED. BERANEK, GLICKSTEIN and HURLE…
-
Budgett v. State, 413 So. 2d 154 (Fla. 4th DCA 1982)…PER CURIAM. Affirmed. See, Kimble v. State, 396 So. 2d 815 (Fla. 4th DCA 1980); Porter v. State, 380 So. 2d 523 (Fla. 4th DCA 1980); Jess v. State, 384 So. 2d 328 (Fla. 3rd DCA 1980). BERANEK, DELL and WALDEN, JJ., concur.…
Authorities Cited
- Coxon v. State, 365 So. 2d 1067 (Fla. 2d DCA 1979)
- Woodard v. State, 371 So. 2d 708 (Fla. 4th DCA 1979)