JARED S. FOX, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We have for review an order revoking the appellant’s probation as a consequence of his failure to pay restitution, failure to report, and his commission of a new crime, i.e., the sale of marijuana. In the instant case, there was insufficient evidence to prove appellant’s willful failure to pay restitution or to report during his probation period. See Steiner v. State, 604 So. 2d 1265, 1267 (Fla. 4th DCA 1992). There was, however, sufficient evidence establishing that appellant sold marijuana while on probation. Accordingly, we reverse and remand for the trial court to consider whether to revoke appellant’s probation for the sole violation of the sale of marijuana. See Costanz v. State, 740 So. 2d 71 (Fla. 4th DCA 1999).
REVERSED and REMANDED.
GUNTHER, STEVENSON and TAYLOR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Shepard v. State, 939 So. 2d 311 (Fla. 4th DCA 2006)…allegations II and III alone, we must remand to the trial court for redetermination and, if the trial court again determines to revoke Shepard’s probation, for resentencing. See Powell v. State, 920 So. 2d 720, 721 (Fla. 1st DCA 2006); Fox v. State, 876 So. 2d 717, 717 (Fla. 4th DCA 2004). Reversed and Remanded. STONE and HAZOURI, JJ., concur. . The State dismissed allegations I, VI, VII, and VIII at the hearing, leaving the trial court to consider allegations II, III, IV, and V only. . The trial judge st…
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Smith v. State, 965 So. 2d 1252 (Fla. 1st DCA 2007)…999). We cannot say with certainty:, that the trial court would have revoked the [*1254] appellant’s probation — and pronounced a fifteen-year sentence — based on its finding that the appellant smoked a single marijuana cigarette, see Fox v. State, 876 So. 2d 717 (Fla. 4th DCA 2004) (remanding for the trial court to determine whether a single sale of marijuana made revocation appropriate), even in conjunction with the appellant’s failure to report that he shared his mother’s home with his toddling grandniece…
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FOX v. State, 921 So. 2d 701 (Fla. 4th DCA 2006)…PER CURIAM. Appellant, Jared Fox, previously appealed an order revoking his probation. See Fox v. State, 876 So. 2d 717 (Fla. 4th DCA 2004). This court reversed the revocation, finding that two of the three grounds alleged failed for insufficient evidence. We remanded appellant’s case to the trial court to consider whether to revoke his probation for the remaining vi…
Authorities Cited
- Steiner v. State, 604 So. 2d 1265 (Fla. 4th DCA 1992)
- Costanz v. State, 740 So. 2d 71 (Fla. 4th DCA 1999)