DANIEL EDWARD MANIES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that probation cannot be revoked solely based on an arrest or for failure to pay costs without proof of the probationer's ability to pay.
Daniel Edward Manies appealed the revocation of his probation and sentence, arguing insufficient proof of violations. The only evidence of violation w…
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BLUE, Judge.
Daniel Edward Manies (Manies) appeals the revocation of his probation and resulting sentence. He contends the record does not reflect sufficient proof of violations to justify revocation of probation. We agree.
Manies was arrested and as a result was charged with a violation of his order of probation related to living in conformance with the law. The only evidence presented on this issue at the revocation hearing was that he had been arrested. The revocation of probation was improper based solely upon proof of a probationer’s arrest. Hines v. State, 358 So. 2d 183 (Fla.1978); Brown v. State, 338 So. 2d 573 (Fla. 2d DCA 1976).
Revocation of Manies’ probation for failure to pay costs was also error. Revocation on this basis is improper absent evidence of the probationer’s ability to pay. Jackson v. State, 546 So. 2d 745 (Fla. 2d DCA 1989). Manies testified he was unable to make the payments. The probation officer “presumed” Manies had the ability to pay his costs. Where a probation officer only “believed” a defendant was working and “felt” he could pay, the evidence was insufficient to revoke his probation. McPherson v. State, 530 So. 2d 1095 (Fla. 1st DCA 1988). The trial court could not and did not find from the evidence presented that Manies had the ability to pay the costs of supervision.
We reverse and remand for the trial court to set aside the revocation of probation and resulting sentence and to reinstate Manies’ probation. Manies’ other contentions on appeal are without merit or are rendered moot as a result of our decision.
FRANK, A.C.J., and ALTENBERND, J., concur.
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Stevens v. State, 823 So. 2d 319 (Fla. 2d DCA 2002)…he evidence does not support the finding that Stevens violated the condition regarding the payment of financial costs. Revocation of probation for failure to pay costs is improper absent evidence of the probationer’s ability to pay. Manies v. State, 621 So. 2d 679 (Fla. 2d DCA 1993). The testimony at the hearing revealed that, at the time of violation, Stevens was behind in her cost payments. However, the probation officer also testified that Stevens was an unemployed, stay-at-home single mother. The State pr…
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Ontiveros v. State, 746 So. 2d 1174 (Fla. 2d DCA 1999)…cer Bell that appellant. was arrested while he was away from his residence without permission. It is improper to revoke probation solely on proof that the probationer has been arrested. See Hines v. State, 358 So. 2d 183 (Fla.1978); Manies v. State, 621 So. 2d 679 (Fla. 2d DCA 1993). Therefore, if revocation was based in part on violation of this condition, it was improper. Accordingly, we affirm revocation of appellant’s community control based upon violations of conditions M and 12. Additionally, because…
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Sharpston v. State, 895 So. 2d 1225 (Fla. 2d DCA 2005)…Not once was Sharpston asked whether he actually committed the crime. Therefore, we are compelled to reverse. See, e.g., Stevenson v. State, 843 So. 2d 1044 (Fla. 2d DCA 2003); Ontiveros v. State, 746 So. 2d 1174 (Fla. 2d DCA 1999); Manies v. State, 621 So. 2d 679 (Fla. 2d DCA 1993). We note that on remand, the State is not precluded from attempting to prove a violation based on the same circumstances as long as the period of supervision has not expired. See Wilson v. State, 842 So. 2d 237 (Fla. 2d DCA 2003);…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hines v. State, 358 So. 2d 183 (Fla. 1978)
- McPHERSON v. State, 530 So. 2d 1095 (Fla. 1st DCA 1988)
- Brown v. State, 338 So. 2d 573 (Fla. 2d DCA 1976)
- Jackson v. State, 546 So. 2d 745 (Fla. 2d DCA 1989)