BEVERLY JEAN FREIBERGER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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DAUKSCH, Judge.
This is an appeal of an Order revoking the probation of the Appellant on account of her alleged violation of certain conditions of her probation. It was alleged that she violated her probation by writing worthless checks. It was proved she wrote post-dated checks which are promissory notes under the law. See Section 832.05(2)(a), Florida Statutes (1975).
It was further alleged that she failed to make two payments on a Public Defender’s lien and she failed to make two payments in restitution of her victims. Her unrefuted testimony was her failure was caused by her indigence. It was further shown that she had made some ten monthly payments on both accounts up until the time of her losing her job and being unable to make the payments for that reason. We find this to be a valid defense of these technical violations in her case and remand this matter to the trial court with directions to restore her to probation.
REVERSE AND REMAND WITH DIRECTION.
LETTS, J., and SCHWARTZ, ALAN R., Associate Judge, concur.
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Citator
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Chatman v. State, 365 So. 2d 789 (Fla. 4th DCA 1978)…Coulson v. State, 342 So. 2d 1042, 1043 (Fla. 4th DCA 1977). Hence this basis for the revocation cannot be upheld. See also Page v. State, 363 So. 2d 621 (Fla. 1st DCA 1978); Jones v. State, 360 So. 2d 1158 (Fla. 1st DCA 1978); Freiberger v. State, 343 So. 2d 57 (Fla. 4th DCA 1977); Bienz v. State, 343 So. 2d 913 (Fla. 4th DCA 1977); § 948.03(l)(e), Fla. Stat. (1977) (permitting condition that probationer “work faithfully at suitable employment insofar as may be possible”). The other ground is similarly un…
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Gurganus v. State, 391 So. 2d 806 (Fla. 5th DCA 1980)…he court. In fact, there is a good possibility the appellant had a valid legal defense to the first allegation of violation. Holt v. State, 385 So. 2d 1133 (Fla. 5th DCA 1980); Baran v. State, 381 So. 2d 323 (Fla. 5th DCA 1980); Freiberger v. State, 343 So. 2d 57 (Fla. 4th DCA 1977). This defense was from the testimony of the probation supervisor who said the appellant failed to make some required payments because she was out of work. The court lacked jurisdiction to revoke the putative probation because t…
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Baran v. State, 381 So. 2d 323 (Fla. 5th DCA 1980)…arly shows appellant to be indigent. Therefore, we must reverse the order revoking appellant’s probation and remand this matter to the trial court with directions to discharge appellant because his probationary term has expired. Freiberger v. State, 343 So. 2d 57 (Fla. 4th DCA 1977). We note with disapproval that the lawyer who represented appellant at the probation violation hearing was from the same lawyers’ office which provided the evidence to convict appellant. This is a violation of Disciplinary Rule…
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