WALLACE S. SEDERS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Wallace S. Seders appeals the revocation of his probation. We affirm the revocation, but strike the findings regarding several probation conditions.
Seders contends that he cannot be found to have violated the conditions requiring payment of certain costs because the payment schedule was established by the probation officer, not by the court. We agree. “The establishment of a payment schedule for court costs is a judicial responsibility that cannot be delegated to a probation officer.” Haygood v. State, 687 So. 2d 318, 319 (Fla. 4th DCA 1997). See also McClough v. State, 669 So. 2d 1099 (Fla. 5th DCA 1996); Moore v. State, 623 So. 2d 795 (Fla. 1st DCA 1993). Therefore, we conclude that the trial court erred by finding that Seders violated conditions J, L, T and U by failing to meet the payment schedule imposed by the probation officer. Nevertheless, because the evidence does support the findings that Seders violated conditions 2, N and V, the revocation of probation is affirmed.
Affirmed.
ALTENBERND, A.C.J., and FULMER and QUINCE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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McCOY v. State, 730 So. 2d 803 (Fla. 2d DCA 1999)…control affidavit was filed. Even if we assume the probation officer established a payment schedule for Mr. McCoy, a failure to abide by a payment schedule devised by a probation officer is not sufficient to support a violation. See Seders v. State, 700 So. 2d 126 (Fla. 2d DCA 1997). Finally, it appears Mr. McCoy failed to pay his monthly $30 cost because of confusion about when his payments were due, not because of a deliberate act of misconduct. In fact, there is uncontroverted evidence that Mr. McCoy paid…
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Hutchinson v. State, 801 So. 2d 291 (Fla. 1st DCA 2001)…to revoke probation, and the probationer has the entire probation term in which to pay costs. “ ‘The establishment of a payment schedule for court costs is a judicial responsibility that cannot be delegated to a probation officer.’” Seders v. State, 700 So. 2d 126 (Fla. 2d DCA 1997) (citation omitted). See Antoine v. State, 684 So. 2d 266 (Fla. 4th DCA 1996) (no matter how reasonable the payment schedule may be, or how derelict the probationer in failing to pay under its terms, if such schedule is not imposed…
Authorities Cited
- Moore v. State, 623 So. 2d 795 (Fla. 1st DCA 1993)
- Haygood v. State, 687 So. 2d 318 (Fla. 4th DCA 1997)
- McCLOUGH v. State, 669 So. 2d 1099 (Fla. 5th DCA 1996)