TAVARIS DONTE SERVANTS
v.
THE STATE OF FLORIDA
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PER CURIAM.
While a violation of probation charge was pending, the state moved to modify the terms of appellant’s probation. After an informal motion hearing, the trial court granted the state’s motion to modify probation.
Appellant’s purported violation of probation involved failure to pay restitution and court costs. Section 948.06(5), Florida Statutes (2000), contemplates that a trial court may “consider alternate measures of punishment-other- than imprisonment” after a hearing pertaining to the failure to pay restitution. It does not appear from this record that such a hearing was held in this case.
We reverse and remand for a hearing under section 948.06(5).
WARNER, FARMER and GROSS, JJ, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Logan v. State, 846 So. 2d 472 (Fla. 2003)
- Salser v. State, 582 So. 2d 12 (Fla. 5th DCA 1991)
- Johnson v. State, 974 So. 2d 363 (Fla. 2008)
- Harden v. State, 152 So. 3d 626 (Fla. 3d DCA 2014)
- State v. Ciaran E. Lachlan Templar-O'Brien, 173 So. 3d 1129 (Fla. 2d DCA 2015)