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366 So. 2d 840

Docket No. 78-1625.

Scherer v. State

Thomas James SCHERER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided January 26, 1979.

District Court of Appeal of Florida · decided 1979-01-26

Relies on Smith v. State · 365 So. 2d 1067 - Coxon v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1979-01-26

How this case has been cited

Cited by 12 later decisions — most recently June 2001

12 state decisions

901979198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Jack O. Johnson, Public Defender, and Thomas A. McDonald, Asst. Public Defender, Bartow, for appellant.

¶2Robert L. Shevin, Atty. Gen., Tallahassee, and C. Marie King, Asst. Atty. Gen., Tampa, for appellee.

¶3PER CURIAM.

¶4Appellant was charged with violating three conditions of his probation: (1) he failed to file one of the required monthly reports; (2) he was convicted of a crime committed after he was placed on probation; and (3) he had failed to pay any money toward the costs of his supervision. Appellant admitted the first two charged violations, but denied the third, explaining that he had not paid any money because he had no job. Appellant was indigent at the time of the revocation hearing. No other evidence concerning appellant's financial condition was before the trial court. This evidence is insufficient to support a finding that appellant violated his probation by failing to pay his supervision fee. Coxon v. State, 365 So.2d 1067 (Fla.2d DCA 1979). Nevertheless, appellant's revocation is supported by his admissions of the other two charged violations, which are substantial violations and are sufficient to support the revocation order and judgment and sentence, so we will not remand for reconsideration of the revocation order by the trial judge. Coxon v. State, supra.

¶5In addition, the judgment and sentence of the court, while indicating that appellant was to receive credit for all time served in jail, does not specifically set forth the period of credit time to be allowed as required by Section 921.161(1), Florida Statutes (1977). Smith v. State, 310 So.2d 770 (Fla.2d DCA 1975).

¶6Accordingly, the finding of a violation of the condition requiring payment of a monthly fee for supervision is stricken from the probation order, and the cause is remanded for correction of the sentence. Appellant need not be present for this purpose. The revocation order, judgment, and sentence are affirmed in all other respects.

¶7GRIMES, C.J., and BOARDMAN and DANAHY, JJ., concur.

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