CHRISTOPHER M. SHEA
v.
STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Christopher Shea appeals the circuit court's probation revocation order. The court revoked Shea's probation based on multiple violations, including failure to pay court costs and supervision costs. The appellate court affirmed the revocation on other grounds but reversed the portion based on failure to pay costs because the trial court failed to inquire into Shea's ability to pay.
The court affirmed the probation revocation on other grounds but reversed the portion based on failure to pay costs. The trial court must reenter the revocation order and strike the finding that Shea violated his probation by failing to pay court costs and supervision costs, as the court failed to inquire into his ability to pay.
[1] Before revoking probation based on failure to pay court costs or supervision costs, a trial court must make an inquiry into the probationer's ability to pay.
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“But the court failed to inquire whether Shea had the ability to pay those costs. Without such inquiry, we are compelled to reverse that portion of the order revoking Shea's probation for failure to pay assessed costs.”
Court's explanation for reversing the cost-related violation basis for revocation.
Christopher Shea's probation was revoked by the circuit court after finding multiple violations of his probation conditions. One of the cited violatio…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Ability To Pay Costs cases and more on FLexlaw
Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Martin County; Sherwood Bauer, Jr., Judge; L.T. Case No. 432016CF000291CFAXMX.
Carey Haughwout, Public Defender, and Virginia Murphy, Assistant Public Defender, West Palm Beach, for appellant.
Ashley Moody, Attorney General, Tallahassee, and Mitchell A. Egber, Assistant Attorney General, West Palm Beach, for appellee.
KUNTZ, J. Christopher Shea appeals the circuit court’s judgment revoking his probation. The court revoked Shea’s probation after finding that he violated several conditions, including failure to pay court costs and the cost of supervision. We affirm the court’s order revoking Shea’s probation with one exception. The court revoked Shea’s probation based on multiple violations of his probation. One of the violations was Shea’s failure to pay court costs and supervision costs. But the court failed to inquire whether Shea had the ability to pay those costs. Without such inquiry, we are compelled to reverse that portion of the order revoking Shea’s probation for failure to pay assessed costs. See, e.g., Herrera v. State, 286 So. 3d 867, 872 (Fla. 2d DCA 2019).
So, we affirm the court’s order in part and reverse in part. On remand, the court must reenter the revocation order and strike the finding that Shea violated his probation by failing to pay the court costs and the supervision costs. Affirmed in part, reversed in part, and remanded. CONNER, C.J., and FORST, J., concur. * * * Not final until disposition of timely filed motion for rehearing.