JASON JAMES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JASON JAMES, APPELLANT,
STATE OF FLORIDA, APPELLEE
700 So. 2d 126
Florida District Court of Appeal, Second District (1997)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Jason James appeals the revocation of his community control. We find no error in the trial court’s order with the following two exceptions, both of which the State concedes. The written order should be corrected to delete the reference to a revocation of probation since James was charged only with violating community control: The order should also be corrected to delete reference to violation of condition 9 because no evidence was presented to support this finding. In all other respects, the order is affirmed.
ALTENBERND, A.C.J., and FULMER and QUINCE, JJ., concur.
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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…