RODNEY DESHUN SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RODNEY DESHUN SMITH, APPELLANT,
STATE OF FLORIDA, APPELLEE
902 So. 2d 905
Florida District Court of Appeal, Second District (2005)
Negative Treatment
Cited by 10 cases
Opinion of the Court
PER CURIAM.
We affirm without discussion Appellant’s convictions and sentence for burglary of a structure and grand theft upon revocation of his probation. The order of revocation shows violations of conditions one, four, five, twenty-seven, and thirty-six. At the revocation hearing, the trial court found that he had violated only conditions four and five. We therefore remand only for correction of the written order of revocation.
Affirmed and remanded with instructions to amend the order of revocation.
CASANUEVA, VILLANTI, and LaROSE, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
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del Valle v. State, 80 So. 3d 999 (Fla. 2011)…well as the Third District’s decisions in Gonzales v. State, 909 So. 2d 960 (Fla. 3d DCA 2005), and Guardado v. State, 562 So. 2d 696 (Fla. 3d DCA 1990). I would disapprove Shepard v. State, 939 So. 2d 311 (Fla. 4th DCA 2006), Blackwelder v. State, 902 So. 2d 905 (Fla. 2d DCA 2005), and Osta v. State, 880 So. 2d 804 (Fla. 5th DCA 2004).…1 / 5
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Odom v. State, 15 So. 3d 672 (Fla. 1st DCA 2009)…nt to pay the costs of probationary supervision. Section 948.06(5) does not relieve the trial court of its duty to determine that the violation was willful by proving the probationer’s ability to pay. Martin, 937 So. 2d at 716; Blackwelder v. State, 902 So. 2d 905, 907 n. 1 (Fla. 2d DCA 2005). Because ability to pay is an essential element for a finding that a probationer willfully violated [*679] probation for failure to pay supervisory costs, the revocation of Appellant’s probation based on the alleged viol…
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Shepard v. State, 939 So. 2d 311 (Fla. 4th DCA 2006)…on can be imprisoned for failing to make restitution, there must be a determination that that person has, or has had, the ability to pay but has willfully refused to do so.” Stephens, 630 So. 2d at 1091. Shepard also relies on Blackwelder v. State, 902 So. 2d 905 (Fla. 2d DCA 2005). In Blackwelder, appellant Blackwelder argued that the trial court erred in finding that he had violated his probation by failing to pay the costs of supervision. 902 So. 2d at 906. At the hearing, the trial court heard evidence t…
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