TOMMY WAYNE DEASON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant was charged with violation of several conditions of his probation, one of which required that he pay $10.00 per month toward the cost of his supervision. Appellant did not pay the required fee for his supervision and the court found him guilty of violation of several conditions of probation including the one requiring payment of the supervision fee. However, no evidence was adduced to show appellant had the ability to make said payments. Absent such proof the court if not authorized to find a violation of said condition. Robbins v. State, 318 So. 2d 472 (Fla. 4th DCA 1975). This does not require a reversal of the order of revocaiton because there is adequate proof of violation of the other conditions.
Accordingly, the order of revocation is remanded to the trial court with directions to delete the finding of a violation of condition (5) of the order of probation in failing to comply with Section 945.30, Florida Statutes, requiring contribution to the cost of supervision. In all other respects the order appealed from is affirmed.
AFFIRMED as modified.
LETTS, C. J., and DOWNEY and MOORE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Mack v. State, 440 So. 2d 602 (Fla. 3d DCA 1983)…ity to pay for such costs. We agree that failure to pay costs of supervision should not have been considered as one of the grounds for revocation since there is no showing in the record that the appellant was able to pay such costs. Deason v. State, 404 So. 2d 1140 (Fla. 4th DCA 1981); Murrell v. State, 364 So. 2d 96 (Fla. 4th DCA 1978); Page v. State, 363 So. 2d 621 (Fla. 1st DCA 1978). It is clear that the court did not err in revoking appellant’s probation on the other grounds charged. However, since we d…
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Allen v. State, 464 So. 2d 256 (Fla. 4th DCA 1985)…he third basis for revocation, failure to pay the costs of supervision, cannot be sustained because the record does not demonstrate that the defendant had the ability to pay. See Winfield v. State, 406 So. 2d 50 (Fla. 1st DCA 1981); Deason v. State, 404 So. 2d 1140 (Fla. 4th DCA 1981); Aaron v. State, 400 So. 2d 1033 (Fla. 3d DCA), review denied, 408 So. 2d 1095 (Fla.1981). Accordingly, we instruct the trial court, on remand, to strike the finding of failure to pay as a basis for revocation. As modified by t…
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Edwards v. State, 444 So. 2d 581 (Fla. 5th DCA 1984)…violated condition two of his probation which required him to pay the cost of supervision since no evidence was presented showing that he had the ability to make such payments. See Cephas v. State, 412 So. 2d 935 (Fla. 2d DCA 1982); Deason v. State, 404 So. 2d 1140 (Fla. 4th DCA 1981). AFFIRMED. ORFINGER, C.J., and SHARP, J., concur.…
Authorities Cited
- Robbins v. State, 318 So. 2d 472 (Fla. 4th DCA 1975)