LEARIA CHAD MASSALINE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that probation revocation is affirmed based on sufficient evidence of some violations, but remanded to strike findings for violations not supported by evidence.
The trial court found the defendant violated four conditions of his probation. The State conceded error on two of the violations due to lack of eviden…
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WHATLEY, Judge.
Learia Chad Massaline appeals the amended order revoking his probation. We affirm but remand for the trial court to strike two findings.
The trial court found that Massaline violated conditions five, seven, twenty-seven, and twenty-eight of his probation. The greater weight of the evidence supports the finding that Massaline violated conditions five and seven. The State concedes that the trial court erred in finding that Massaline violated conditions twenty-seven and twenty-eight because the State failed to present evidence of his ability to pay the costs of supervision and court costs. Accordingly, these violations must be stricken.
The record is clear that the trial court would have revoked Massaline’s probation based on the violation of conditions five and seven alone. Accordingly, we affirm the revocation of Massaline’s probation but remand for the trial court to strike the findings that Massaline violated conditions twenty-seven and twenty-eight.
Affirmed; remanded with directions.
CASANUEVA and WALLACE, JJ., Concur.
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Bernier v. State, 951 So. 2d 21 (Fla. 2d DCA 2007)…rs of probation but did not specify that program had to be completed on the first try or how many chances probationer had to complete the program). Accordingly, the violation of this condition of probation should be stricken. See Massaline v. State, 937 So. 2d 1266 (Fla. 2d DCA 2006). Nevertheless, the record before us is clear that the trial court would have revoked Bernier’s probation based solely on the violation of condition three. See Mas-saline, 937 So. 2d 1266. Accordingly, we affirm the revocation of…1 / 2