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372 So. 2d 132

Fleming v. State

District Court of Appeal of Florida · decided 1979-06-06

Relies on Cohen v. State

Decided 1979-06-06

ANSTEAD, Judge,

¶1specially concurring:

¶2I agree that the proof was sufficient to sustain revocation of probation on two counts, but a third finding of appellant’s failure to pay a number of monthly supervisory fees was in error because there was no proof that appellant had the financial ability to make the payments. Accordingly, that portion of the revocation order should be stricken. Cohen v. State, 365 So.2d 1052 (Fla. 4th DCA 1978).

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