LLOYD E. LORING, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Defendant was charged with violating three conditions of his probation. At the revocation hearing, the trial judge focused on the defendant’s failure to comply with a condition requiring him to complete a program at the Probation and Restitution Center. The court revoked the defendant’s probation and the evidence supports revocation based on violation of that condition. The trial judge, however, failed to specify the condition or conditions on which he based revocation. See Meyer v. State, 445 So. 2d 1149 (Fla. 2d DCA 1984).
There is no merit to the defendant’s remaining point on appeal. Accordingly, we affirm revocation of the defendant’s probation and remand with directions to the trial court to properly inscribe the condition or conditions on which it based revocation of probation.
Affirmed and remanded.
GRIMES, A.C.J., and SCHEB and CAMPBELL, JJ., concur.
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Pettway v. State, 502 So. 2d 1366 (Fla. 2d DCA 1987)…him notice and hearing before assessing costs under section 27.3455, which he claims is required by the decision of the Supreme [*1367] Court of Florida in Jenkins v. State, 444 So. 2d 947 (Fla.1984). This court has recently so held. Beahn v. State, 499 So. 2d 74 (Fla. 2d DCA 1986). Accordingly, we must remand this cause to the trial judge to afford the defendant the procedural requirements of Jenkins v. State. We note that section 27.3455 has been amended effective October 1, 1986. Ch. 86-154, § 1, Laws of…
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Comer v. State, 502 So. 2d 513 (Fla. 1st DCA 1987)…d that application of section 27.3455, Florida Statutes (1985), to crimes committed prior to July 1, 1985, the effective date of the statute, is a violation of ex post facto provisions of the United States and Florida Constitutions.1 Beahn v. State, 499 So. 2d 74 (Fla. 2d DCA 1986); Williams v. State, 492 So. 2d 784 (Fla. 5th DCA 1986); Yost v. State, 489 So. 2d 131 (Fla. 5th DCA 1986). Accordingly, the trial court’s assessment of the costs is vacated and the case is remanded for resentencing.2 BOOTH, C.J.…
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Arnold v. State, 505 So. 2d 1104 (Fla. 2d DCA 1987)…947 (Fla.1984). We reverse the imposition of costs and remand in order that the state may have the opportunity to properly proceed against defendant in accordance with Jenkins. See Blanton v. State, 501 So. 2d 181 (Fla. 2d DCA 1987); Beahn v. State, 499 So. 2d 74 (Fla. 2d DCA 1986). Any failure to pay costs has not-disentitled defendant to gain time. See Atkins v. State, 506 So. 2d 10 (Fla. 2d DCA 1987). The conviction is affirmed. The cause is remanded for the state to have the opportunity to proceed again…
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- Steel Fabricators, Inc. v. United States Fid. & Guar. Co., 445 So. 2d 1149 (Fla. 4th DCA 1984)
- Meyer v. State, 445 So. 2d 1149 (Fla. 2d DCA 1984)