JAMES WILLIAM SILLETT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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DANAHY, Judge.
Appellant’s probation was revoked because he changed his address without the consent of his probation supervisor, and also because he failed to pay his fine and failed to submit monthly reports. There was no evidence adduced that appellant had the ability to pay the fine; therefore, the finding of this violation must be stricken from the order. Coxon v. State, 365 So. 2d 1067 (Fla. 2d DCA 1979). The only evidence offered concerning appellant’s failure to obtain consent prior to changing his address was hearsay. Accordingly, this violation must also be stricken from the order. Tuff v. State, 338 So. 2d 1335 (Fla. 2d DCA 1976). However, there was competent evidence to support the finding of the trial court that appellant failed to submit monthly reports. The record makes clear that the lower court was prepared to revoke appellant’s probation for this violation alone. See Martin v. State, 378 So. 2d 875 (Fla. 2d DCA 1979). Therefore, we affirm the order revoking appellant’s probation.
SCHEB, C. J., and RYDER, J., concur.
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Robinson v. State, 468 So. 2d 1106 (Fla. 2d DCA 1985)…f before the court that appellant had the ability to pay his supervisory fee. Raines v. State, 445 So. 2d 408 (Fla. 2d DCA 1984); Brown v. State, 429 So. 2d 821 (Fla. 2d DCA 1983); Hines v. State, 420 So. 2d 926 (Fla. 2d DCA 1982); Sillett v. State, 393 So. 2d 53 (Fla. 2d DCA 1981); Coxon v. State, 365 So. 2d 1067 (Fla. 2d DCA 1979). Another finding in the written order of revocation recites that appellant violated condition (8) requiring that he comply with all instructions given to him by his probation of…
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Scott v. State, 446 So. 2d 1105 (Fla. 2d DCA 1984)…So. 2d 1067 (Fla. 2d DCA 1979). There was sufficient evidence to support the finding that appellant violated the law. The record is clear that the lower court would have revoked appellant’s probation for this violation alone. See Sillett v. State, 393 So. 2d 53 (Fla. 2d DCA 1981). Accordingly, the order revoking appellant’s probation is AFFIRMED. CAMPBELL and LEHAN, JJ., concur.…
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Sparks v. State, 453 So. 2d 539 (Fla. 2d DCA 1984)…ting the law, and withdrawing from an alcoholic therapy program without the approval of his probation officer. The record makes clear that the lower court was prepared to revoke appellant’s probation for these violations alone. See Sillett v. State, 393 So. 2d 53 (Fla. 2d DCA 1981). Therefore, as amended, we affirm the order revoking appellant’s probation. GRIMES, A.C.J., and LEHAN, J., concur.…
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
- Coxon v. State, 365 So. 2d 1067 (Fla. 2d DCA 1979)
- Tuff v. State, 338 So. 2d 1335 (Fla. 2d DCA 1976)
- Martin v. State, 378 So. 2d 875 (Fla. 2d DCA 1979)
- Gibson v. State Farm Mut. Auto. Ins. Co., 378 So. 2d 875 (Fla. 2d DCA 1979)