DAVID ALLEN FRANK, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By (32 total)

• Coxon v. State, 365 So. 2d 1067 (Fla. 2d DCA 1979)
  …who are required, as a condition of probation, to later repay the cost of their legal defense. Fuller v. Oregon, 417 U.S. 40, 94 S.Ct. 2116, 40 L.Ed.2d 642 (1974). In Florida the specific issue raised by appellant was considered in Jones v. State, 360 So. 2d 1158 (Fla. 1st DCA 1978). The court there held that before revoking probation for nonpayment of the supervisory fee, the trial court must find the indigent defendant’s financial condition to be such that payment can be made. And a showing of solvency mus…
• Page v. State, 363 So. 2d 621 (Fla. 1st DCA 1978)
  …ground on which probation could be revoked. As to the second reason, however, the failure to support dependents, we find that the record contains no showing that Page had the ability to support his dependents. Under the reasoning of Jones v. State, 360 So. 2d 1158 (Fla. 1st DCA 1978), we hold that revocation cannot be based on failure to support dependents unless there is evidence that the probationer had the ability to provide such support. Finally, the requirement that Page make daily telephone contact wit…
• Ballance v. State, 447 So. 2d 974 (Fla. 1st DCA 1984)
  …ing the defendant “on the hook,” so to speak, for payment of the restitution at some appropriate period during the term of his probation depending upon his ability to pay. Compare Winfield v. State, 406 So. 2d 50 (Fla. 1st DCA 1981); Jones v. State, 360 So. 2d 1158 (Fla. 1st DCA 1978). However, just as the determination of the amount of restitution is a non-delegable judicial responsibility, see Fresneda v. State, 347 So. 2d 1021 (Fla.1977); Hamm v. State, 403 So. 2d 1155 (Fla. 1st DCA 1981), so also is the de…