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394 So. 2d 1105

Thompson v. State

District Court of Appeal of Florida · decided 1981-03-10

Relies on Byrd v. State

Decided 1981-03-10

BASKIN, Judge.

¶1Upon review of the order entered by the trial court revoking defendant’s probation, we hold that the evidence supported the trial court’s ruling that defendant violated his probation by the commission of a burglary.

¶2The state has conceded, however, that the evidence of defendant’s ability to pay costs of supervision was insufficient. Byrd v. State, 390 So.2d 145 (Fla. 3d DCA 1980). We therefore order the court’s finding that defendant violated condition 9 be stricken.

¶3Affirmed as modified; remanded with directions.

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