DON CHARLES ABEL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The court revoked appellant’s probation based on violations of four conditions of his probation, i. e., failure to file monthly reports with his probation supervisor, failure to pay $10.00 per month toward his supervision costs, changing his residence without his supervisor’s consent, and failure to work diligently at a lawful occupation and support his dependents to the best of his ability. The court had adjudicated appellant insolvent six weeks prior to his revocation hearing as well as one year before, just prior to his trial on the offense underlying the probation. At the revocation hearing, the state presented no evidence bearing on appellant’s ability to pay, nor did the court make a specific finding of ability.
Accordingly, the finding of violation of the condition requiring appellant to contribute $10.00 per month toward the costs of his supervision is stricken from the order of revocation. Coxon v. State, 365 So. 2d 1067 (Fla. 2d DCA 1979). The order, judgment, and sentence are affirmed in all other respects.
GRIMES, C. J., and HOBSON and SCHEB, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Winfield v. State, 406 So. 2d 50 (Fla. 1st DCA 1981)…e time when probation was ordered and at the time of the alleged violation. As evidence of inability to pay, the cases focus on financial condition, Jones, supra, and adjudication of indigency (as occurred in this case) or insolvency, Abel v. State, 383 So. 2d 325 (Fla. 2nd DCA 1980); Coxon, supra. Each of these factors involve the present status of financial resources, not the speculative availability of future resources. In fact, the court in Abel, 383 So. 2d 325, upheld a finding that the probationer “fail…1 / 2
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Marshall v. State, 400 So. 2d 567 (Fla. 2d DCA 1981)…to make these payments and the state failed to offer evidence showing otherwise. Absent evidence of appellant’s ability to pay, the trial court cannot properly find a violation of the condition requiring payment of supervisory costs. Abel v. State, 383 So. 2d 325 (Fla.2d DCA 1980). However, the order revoking probation states that appellant violated condition (2) as well as conditions (1) and (5). Accordingly, the court should extract the reference to violation of condition (2) from its order. Brouillett v.…
Authorities Cited
- Coxon v. State, 365 So. 2d 1067 (Fla. 2d DCA 1979)