PEDRO ROJAS A/K/A JORGE CLARO SAMON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The defendant appeals the order revoking his probation and sentencing him to three years incarceration. The defendant’s argument that Florida Rule of Criminal Procedure 3.701 d.14. should not have been utilized by the trial court in sentencing him after the revocation is without merit. State v. Jackson, 478 So. 2d 1054 (Fla.1985). The defendant correctly points out, however, that the trial court erred in failing to make an affirmative finding that he was financially able to pay his monthly probation and restitution payments, see Depson v. State, 363 So. 2d 43 (Fla. 1st DCA 1978), the failure to make said payments being two of the five bases utilized by the court for revocation of the defendant’s probation.
Nevertheless, in view of the three remaining bases for revocation, which undisputedly were established, the order of revocation is affirmed but modified by deleting any reference to the defendant’s failure to pay the monetary assessments. Boyink v. State, 480 So. 2d 210 (Fla. 1st DCA 1985).
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Wright v. State, 494 So. 2d 522 (Fla. 3d DCA 1986)…d duty at the Dade County Stockade, and the violation of probation for the offense of sale of cannabis, as no evidence was presented and no findings were made by the trial court relative to these alleged violations of probation.1 See Rojas v. State, 484 So. 2d 629 (Fla. 3d DCA 1986). The sentence imposed pursuant to the order of probation revocation is affirmed upon a holding that the trial court’s error in computing the sentencing guidelines score was harmless, as it did not affect the sentence which was im…
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- State v. Jackson, 478 So. 2d 1054 (Fla. 1985)
- Depson v. State, 363 So. 2d 43 (Fla. 1st DCA 1978)
- Boyink v. State, 480 So. 2d 210 (Fla. 1st DCA 1985)