MARION POPE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1984-02-14
No. 83-692
Before SCHWARTZ, C.J., and BASKIN and FERGUSON, JJ.
444 So. 2d 1161 Florida District Court of Appeal, Third District (1984) Positive Treatment
Cited by 2 cases
Opinion of the Court
BASKIN, Judge.

BASKIN, Judge.

A defendant may not be found guilty of a violation of probation for failure to pay costs of supervision unless the state demonstrates his financial ability to pay. Edwards v. State, 439 So. 2d 1028 (Fla. 3d DCA 1983); Lattimore v. State, 433 So. 2d 56 (Fla. 3d DCA 1983); Smith v. State, 373 So. 2d 76 (Fla. 3d DCA 1979). The unrebut-ted testimony before the court established that defendant Pope had never been employed and had no apparent ability to pay. We vacate the finding of violation of probation for failure to pay costs of supervision.

Affirmed as modified.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Bass v. State, 473 So. 2d 1367 (Fla. 1st DCA 1985)
    …g that appellant had the financial ability to make the payments.” I.P.J. v. State, 402 So. 2d 1373 (Fla. 1st DCA 1981). See also: Fogarty v. State, 465 So. 2d 625 (Fla. 2d DCA 1985); Gordon v. State, 448 So. 2d 76 (Fla. 4th DCA 1984); Pope v. State, 444 So. 2d 1161 (Fla. 3rd DCA 1984); Murphy v. State, 442 So. 2d 1047 (Fla. 4th DCA 1983); Coxon v. State, 365 So. 2d 1067 (Fla. 2d DCA 1979). Section 948.06(4), Florida Statute (Supp. 1984),1 which went into effect June 24, [*1370] 1984, places the burden on the p…
  • Iacono v. State, 452 So. 2d 1124 (Fla. 3d DCA 1984)
    …ate, 442 So. 2d 1076 (Fla. 3d DCA 1983); Mack v. State, 342 So. 2d 562 (Fla. 2d DCA 1977) (cannot revoke probation based on facts not alleged on the affidavit of violation); that the defendant failed to make cost supervision payments; Pope v. State, 444 So. 2d 1161 (Fla. 3d DCA 1984) and cases cited therein (cannot revoke probation without a demonstration and finding of financial ability to pay); that the defendant changed his residence without the consent of his probation supervisor and failed to work diligen…

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