JAMES SMITH, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Edwards v. State, 439 So. 2d 1028 (Fla. 3d DCA 1983)
  …able of making the payments. Therefore, these two violations were not valid grounds for revoking probation. The state must prove that he was financially able to make the payments before failure to pay will warrant revoking probation. Smith v. State, 380 So. 2d 1175 (Fla. 4th DCA 1980). In sum, one of the violations was technical, but a valid basis for revoking probation. The other valid basis for the revocation was a substantial violation. On these grounds, we affirm the order revoking probation. See Roth v.…
• Kimble v. State, 396 So. 2d 815 (Fla. 4th DCA 1981)
  …e was a condition of appellant’s probation. Appellant was aware of this obligation. There must, however, be a sufficient demonstration of probationer’s ability to pay and a specific finding by the court regarding that ability to pay. Smith v. State, 380 So. 2d 1175 (Fla. 4th DCA 1980). The trial court made no such specific finding. Where there is evidence in the record to support a finding of ability to pay, it is appropriate to remand for the purpose of permitting the trial court to enter such a finding. See…
• Waring v. State, 504 So. 2d 786 (Fla. 2d DCA 1987)
  …James v. State, 452 So. 2d 1048 (Fla.2d DCA 1984), State ex rel. Russell v. McGlothin, 427 So. 2d 280 (Fla. 2d DCA 1983). We strike the invalid reasons for revocation of appellant’s probation and affirm the trial court’s order. See Smith v. State, 380 So. 2d 1175 (Fla. 4th DCA 1980). In view of the trial court’s failure to file a sentencing guidelines scoresheet and to provide written reasons for departure from the guidelines, we remand this action for resentencing. State v. Jackson, 478 So. 2d 1054 (Fla.1…

Authorities Cited

• Cohen v. State, 365 So. 2d 1052 (Fla. 4th DCA 1978)
• Woodard v. State, 371 So. 2d 708 (Fla. 4th DCA 1979)