JESUS RAMON RODRIGUEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
The state confesses error in the trial court’s finding of an “ability to pay” some restitution to the victim in revoking appellant’s probation. Manies v. State, 621 So. 2d 679 (Fla. 2d DCA 1993); see also George v. State, 577 So. 2d 996 (Fla. 1st DCA 1991). See Costello v. State, 567 So. 2d 1032 (Fla. 4th DCA 1990). We therefore vacate the July 7, 1994, order revoking probation and adjudicating appellant guilty, and direct the trial court to withhold adjudication of guilt and continue in accordance with the terms of the appellant’s plea to probation violation.1
. Appellant had entered into a plea agreement reserving the right to seek appellate review of the trial court's finding of "ability to pay”.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Watts v. State, 688 So. 2d 1018 (Fla. 4th DCA 1997)…the revocation. See Taylor v. State, 681 So. 2d 910 (Fla. 4th DCA 1996); Mitchell v. State, 681 So. 2d 891 (Fla. 4th DCA 1996); Horne v. State, 675 So. 2d 247 (Fla. 4th DCA 1996); Glendon v. State, 669 So. 2d 1148 (Fla. 4th DCA 1996); Wood v. State, 653 So. 2d 493 (Fla. 4th DCA 1995). We reference some of the many eases where we have addressed this same point within the last year to point out that the failure of trial courts to enter a separate [*1019] ■written order revoking probation appears to be a recur…
-
Eckhart v. State, 670 So. 2d 977 (Fla. 1st DCA 1996)…ably constitute reversible error, we affirm the conviction and sentence for violation of probation. We remand, however, to the trial court for entry of a written order of violation of probation, because none appears in the record. See Wood v. State, 653 So. 2d 493 (Fla. 4th DCA 1995); Wiggers v. State, 652 So. 2d 1294 (Fla. 1st DCA 1995); Benton v. State, 652 So. 2d 1288 (Fla. 1st DCA 1995). BOOTH, JOANOS and BENTON, JJ., concur.…
-
Jacobs v. State, 668 So. 2d 294 (Fla. 1st DCA 1996)…ecord. See Thomas v. State, 685 So. 2d 475 (Fla. 3d DCA 1991). Accord McHellen v. State, 591 So. 2d 668 (Fla. 1st DCA 1991). We distinguish the present case from Eckhart v. State, No. 95-1381, 1996 WL 5141 (Fla. 1st DCA Jan. 8, 1996); Wood v. State, 653 So. 2d 493 (Fla. 4th DCA 1995); and Wiggers v. State, 652 So. 2d 1294 (Fla. 1st DCA 1995), where we affirmed but remanded because no written order of revocation of probation had been entered. Here a written order in which the trial court memorialized his reaso…
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
- Manies v. State, 621 So. 2d 679 (Fla. 2d DCA 1993)
- Rosanna Murray George v. State, 577 So. 2d 996 (Fla. 1st DCA 1991)
- Costello v. State, 567 So. 2d 1032 (Fla. 4th DCA 1990)