JAMES V. SUAREZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a probationer cannot be found in violation of a condition not explicitly stated in the probation order, but can be found in violation based on their own admission of non-payment of a public defender lien.
Appellant appealed an order revoking his probation for violating conditions requiring him to remain law-abiding and to pay a public defender lien. The…
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FRANK D. UPCHURCH, Jr., Judge.
Appellant appeals from an order revoking his probation for violation of conditions four and nine of the probation order. Condition four required appellant to live and remain at liberty without violating any law. Appellant was charged with two counts of violation of this condition. The court found one violation consisting of his failure to pay the cost of supervision.
Payment of costs of supervision was not specifically made a part of the probation order. Only the court may set the conditions upon which probation may be revoked. Barber v. State, 344 So. 2d 913 (Fla. 3d DCA 1977). Therefore the finding that appellant had violated condition four of the probation order was improper. Condition nine required appellant to pay a public defender lien at the rate of $50.00 per month. Appellant contends that the only evidence to support this violation consisted of hearsay. See Reeves v. State, 366 So. 2d 1229 (Fla. 2d DCA 1979). We find, however, that there was sufficient evidence to support the violations. Appellant’s own admission that the lien had not been paid was sufficient. See Johnson v. State, 378 So. 2d 108 (Fla. 5th DCA 1980).
We affirm the order of the trial court as to appellant’s violation of condition nine of the probation order but remand for correction of the order to delete the finding of a violation of condition four. REMANDED in part and AFFIRMED in part.
SHARP and COWART, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Fogarty v. State, 465 So. 2d 625 (Fla. 2d DCA 1985)…k at a hospital in lieu of the fine. The trial judge observed, and we agree, that the probation officer was without authority to set new conditions of probation. Only the court may set conditions upon which probation may be revoked. Suarez v. State, 391 So. 2d 343 (Fla. 5th DCA 1980). In any event, petitioner never performed the public service work. We quash the circuit court’s order, reverse and set aside the order of the county court revoking petitioner’s probation, and remand this cause to the county cour…
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Lachle v. State, 412 So. 2d 931 (Fla. 1st DCA 1982)…ate relied to show a violation of probation, did not violate a specific condition of probation or occur before the order of probation was imposed. § 948.-06(1), Fla.Stat. (1981); O’Steen v. State, 261 So. 2d 208 (Fla. 1st DCA 1972); Suarez v. State, 391 So. 2d 343 (Fla. 5th DCA 1980); Sutton v. State, 348 So. 2d 626 (Fla. 3d DCA 1977); Morgan v. State, 341 So. 2d 201 (Fla. 2d DCA 1976). Accordingly, the order of the trial court is vacated and the original order withholding adjudication of guilt and placing…
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State v. McGLOTHIN, 427 So. 2d 280 (Fla. 2d DCA 1983)…to believe that he did. The court held that a defendant’s admission against interest, as opposed to statements by third parties, was not hearsay. The court affirmed the revocation based upon the testimony of the supervisor. See also Suarez v. State, 391 So. 2d 343 (Fla. 5th DCA 1980); Jones v. State, 348 So. 2d 942 (Fla. 2d DCA 1977). A confession, standing alone, is generally insufficient to support a criminal conviction. State v. Allen, 335 So. 2d 823 (Fla.1976). Evidence sufficient to support a criminal c…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Reeves v. State, 366 So. 2d 1229 (Fla. 2d DCA 1979)
- Barber v. State, 344 So. 2d 913 (Fla. 3d DCA 1977)
- Johnson v. State, 378 So. 2d 108 (Fla. 5th DCA 1980)