EDDIE JAMES NEVES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred in revoking probation based on failure to pay costs without evidence of ability to pay.
Appellant was found to have violated probation by failing to submit monthly reports and pay costs. The trial court revoked probation.…
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SCHEB, Acting Chief Judge.
Appellant Eddie James Neves challenges the trial court’s revocation of his probation. We reverse.
Appellant was serving probation for dealing in stolen property. He was charged with violating the conditions of his probation by failing to submit written monthly reports and failing to pay costs of supervision and court costs. The trial judge found appellant in violation of both conditions and revoked his probation and sentenced him to prison.
There is substantial competent evidence in the record to support the trial court’s finding that appellant failed to file the required monthly reports. However, no evidence was presented to establish that appellant had the ability to make the required payments. Therefore, the trial court erred in finding that he violated his probation by failing to pay the various costs. Coxon v. State, 365 So. 2d 1067 (Fla. 2d DCA 1979).
This court has held that failure to file monthly reports is a substantial violation of probation sufficient by itself to support revocation of probation. Sampson v. State, 375 So. 2d 325 (Fla. 2d DCA 1979). However, in this case, unlike Sampson, it is not clear that the trial court would have revoked appellant’s probation based solely on this violation.
Accordingly, we reverse the order of revocation and remand this cause to permit the court to consider whether the violation of the condition requiring submission of monthly reports warrants revocation. See Clemons v. State, 388 So. 2d 639 (Fla. 2d DCA 1980); Tuff v. State, 338 So. 2d 1335 (Fla. 2d DCA 1976).
SCHOONOVER and FRANK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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McPHERSON v. State, 530 So. 2d 1095 (Fla. 1st DCA 1988)…0 state attorney cost, plus $40 court cost). Absent a finding that a defendant has the ability to pay, probation cannot be revoked based on the failure to pay court costs. Kennedy v. State, 460 So. 2d 590 (Fla. 2d DCA 1984). See also Neves v. State, 502 So. 2d 1343 (Fla. 2d DCA 1987); Haynes v. State, 440 So. 2d 661 (Fla. 1st DCA 1983); Williams v. State, 406 So. 2d 86 (Fla. 1st DCA 1981). In the case at bar, the only evidence presented regarding appellant’s ability to pay was his probation officer’s statement…
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Lambert Keith Gavins v. State, 587 So. 2d 487 (Fla. 1st DCA 1991)…ion and remanded for reconsideration by the trial court if it was unclear from the record that the trial court would have revoked the probation or community control based solely on the remaining substantial violation. For example, in Neves v. State, 502 So. 2d 1343, 1344 (Fla. 2d DCA 1987), the trial court revoked the defendant’s probation based on the defendant’s alleged violation of two conditions of probation: (1) failure to submit written monthly reports, and (2) failure to pay costs of supervision and cou…
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Robinson v. State, 907 So. 2d 1284 (Fla. 2d DCA 2005)…to revoke Mr. Robinson’s probation based solely on these violations, particularly because so much of the hearing focused merely on his arrest. See Anthony, 854 So. 2d at 748; Gavins v. State, 587 So. 2d 487, 491 (Fla. 1st DCA 1991); Neves v. State, 502 So. 2d 1343, 1344 (Fla. 2d DCA 1987). Because the trial court improperly revoked Mr. Robinson’s probation based on the fact of his arrests for DUI and driving without a valid driver’s license, and because we cannot determine whether the court would have revoke…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Coxon v. State, 365 So. 2d 1067 (Fla. 2d DCA 1979)
- Sterling Sampson v. State, 375 So. 2d 325 (Fla. 2d DCA 1979)
- Tuff v. State, 338 So. 2d 1335 (Fla. 2d DCA 1976)
- Clemons v. State, 388 So. 2d 639 (Fla. 2d DCA 1980)