GERALD WAYNE PAGE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Probation revocation is permissible only for court-imposed conditions, and failure to support dependents requires proof of ability to pay.
Gerald Wayne Page's probation was revoked for failing to file timely reports, support dependents, and contact his supervisor. The supervisor imposed t…
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PER CURIAM.
Gerald Wayne Page’s probation was revoked for failure to file timely monthly reports, failure to support dependents, and failure to make daily telephone contact with the parole supervisor pursuant to a requirement set by the supervisor. Under the facts of this case, the requirement that Page file timely monthly reports was a court-imposed condition and Page admitted the untimely filings. Thus, this was a proper 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 with the probation supervisor was imposed by the supervisor and not by the court. We hold that probation may be revoked only for court-imposed conditions. Barber v. State, 344 So. 2d 913 (Fla. 3d DCA 1977).
In summary, we find that the revocation of probation could properly be based on the failure to file timely monthly reports, but could not properly be based on the other two grounds. We do not know if the trial court would revoke probation and impose the same sentence for the sole reason that Page failed to file timely monthly reports. We, therefore, reverse and remand for proceedings consistent with this opinion.
SMITH, Acting C. J., ERVIN, J., and MASON, ERNEST E., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Cited By (28 total)
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Albritton v. State, 476 So. 2d 158 (Fla. 1985)…(Fla. 1st DCA 1982); Aaron v. State, 400 So. 2d 1033, 1035 (Fla. 3d DCA), review denied, 408 So. 2d 1095 (Fla.1981); Clemons v. State, 388 So. 2d 639, 640 (Fla. 2d DCA 1980); Peterson v. State, 384 So. 2d 965, 966 (Fla. 1st DCA 1980); Page v. State, 363 So. 2d 621, 622 (Fla. 1st DCA 1978); McKeever v. State, 359 So. 2d 905, 906 (Fla. 2d DCA 1978). Respondent urges the contrary and would have a reviewing court affirm a departure sentence where a valid reason exists unless the record clearly indicates that the…
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Coxon v. State, 365 So. 2d 1067 (Fla. 2d DCA 1979)…trial court must find the indigent defendant’s financial condition to be such that payment can be made. And a showing of solvency must precede revocation for nonpayment of other amounts required to be paid as a condition of probation. Page v. State, 363 So. 2d 621 (Fla. 1st DCA 1978). Similarly, it has been held there must be a showing of ability to pay before there can be revocation for violation of a condition requiring repayment of the public defender’s fee. Robbins v. State, 318 So. 2d 472 (Fla. 4th DCA 1…
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Odom v. State, 15 So. 3d 672 (Fla. 1st DCA 2009)…Probation may be revoked for violation only of a condition that was imposed by the trial court, not the probation supervisor; that is, “a probation officer cannot prescribe new conditions of probation.” Hutchinson, 428 So. 2d at 740; Page v. State, 363 So. 2d 621 (Fla. 1st DCA 1978). A comparison of the key facts and the language of the particular conditions demonstrates that Appellant’s case law is materially distinguishable. In Morales, the Third District Court concluded that the trial court’s general adm…
Previewing 3 of 28 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Frank v. State, 360 So. 2d 1158 (Fla. 3d DCA 1978)
- Barber v. State, 344 So. 2d 913 (Fla. 3d DCA 1977)