LEROY JOHNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant, Leroy Johnson, appeals an order finding him in violation of probation and modifying the terms of his probation. While it appears from the record that there was competent substantial evidence to support a finding that appellant’s failure to timely pay his probationary fees and costs was wilful, the order is silent as to appellant’s ability to pay.
This court has previously held that “[i]n order to revoke probation for failure to pay supervision costs ‘[t]here must ... be a sufficient demonstration of probationer’s ability to pay and a specific finding by the court regarding that ability to pay.’ ” Gordon v. State, 448 So. 2d 76 (Fla. 4th DCA 1984) (quoting Kimble v. State, 396 So. 2d 815, 817 (Fla. 4th DCA 1981))(emphasis added). Accordingly, we remand to permit the trial court to enter a specific finding regarding appellant’s ability to pay his probationary fees and costs. See Kimble, 396 So. 2d at 817.
GLICKSTEIN and KLEIN, JJ., and OFTEDAL, RICHARD L., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Noel v. State, 127 So. 3d 769 (Fla. 4th DCA 2013)…ilure to pay.” (citations omitted and emphasis removed)); Dirico v. State, 728 So. 2d 763, 765 (Fla. 4th DCA 1999) (citing Stephens v. State, 630 So. 2d 1090 (Fla.1994)); Thompson v. State, 710 So. 2d 80, 81-82 (Fla. 4th DCA 1998); Johnson v. State, 698 So. 2d 909, 909 (Fla. 4th DCA 1997) (“This court has previously held that in order to revoke probation for failure to pay supervision costs there must ... be a sufficient demonstration of probationer’s ability to pay and a specific finding by the court regardi…
Authorities Cited
- Kimble v. State, 396 So. 2d 815 (Fla. 4th DCA 1981)
- Gordon v. State, 448 So. 2d 76 (Fla. 4th DCA 1984)