JAMES OLIVER EDWARDS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1984-02-02
No. 82-1741
ORFINGER, C.J., and SHARP, J., concur.
444 So. 2d 581 Florida District Court of Appeal, Fifth District (1984) Positive Treatment
Cited by 2 cases

Opinion of the Court
FRANK D. UPCHURCH, Jr., Judge.

FRANK D. UPCHURCH, Jr., Judge.

We find that sufficient evidence was presented to justify revocation of appellant’s probation on the grounds that he failed to report to his probation officer, inform him of his correct address and whereabouts and attend a work program as he had agreed to do. However, we strike from the revocation order the finding that appellant 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.


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  • Perry v. State, 744 So. 2d 1199 (Fla. 5th DCA 1999)
    …probation by failing to file his required written monthly reports and by moving from his residence without his probation officer’s consent. See Diller v. State, 711 So. 2d 54 (Fla. 5th DCA), rev. denied, 719 So. 2d 892 (Fla.1998); Edwards v. State, 444 So. 2d 581 (Fla. 5th DCA 1984); Chappell v. State, 429 So. 2d 84 (Fla. 5th DCA 1983). Next Perry argues that his life sentence must be reversed. Perry contends that he agreed to a two-cell upward departure sentence (a range of 22-27 years in prison) when he e…

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