Smith v. State

James SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided March 12, 1980.

District Court of Appeal of Florida · decided 1980-03-12

Cited by 6 later decisions — most recently March 1987

6 state decisions

Relies on Cohen v. State · Woodard v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1980-03-12

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¶1 *1176 Richard L. Jorandby, Public Defender, and Frank B. Kessler, West Palm Beach, for appellant.

¶2Jim Smith, Atty. Gen., Tallahassee, and Russell S. Bohn, Asst. Atty. Gen., West Palm Beach, for appellee.

¶3PER CURIAM.

¶4We affirm the trial court's finding as to three distinct violations of probation.

¶5We do not agree that there was a sufficient showing as to failure of probationer to make periodic payments to the state. There must be a sufficient demonstration of ability to pay. See Woodard v. State, 371 So.2d 708 (Fla. 4th DCA 1979). And there must be a specific finding regarding the ability to pay. See Cohen v. State, 365 So.2d 1052 (Fla. 4th DCA 1978).

¶6We therefore remand the cause with directions to strike the holding that failure to make monthly payments was a violation of probation.

¶7We affirm this cause in all other respects.

¶8AFFIRMED AS MODIFIED.

¶9ANSTEAD, LETTS and HERSEY, JJ., concur.