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426 So. 2d 1283

Baker v. State

District Court of Appeal of Florida

Decided February 16, 1983

District Court of Appeal of Florida · decided 1983-02-16

Relies on 380 So. 2d 1175 - Smith v. State

Decided 1983-02-16

PER CURIAM.

¶1Appellant was charged with three violations of probation, two substantive, and one technical. The State concedes that the trial court erred with respect to the two substantive violations. We hold that the trial court also erred in finding appellant guilty of violating his probation based on the technical charge of nonpayment of the monthly probation fee. There was no showing of ability to pay and no finding of fact on the issue. See Smith v. State, 380 So.2d 1175 (Fla. 4th DCA 1980), and cases cited therein.

¶2REVERSED.

LETTS, C.J., and BERANEK and DELL, JJ., concur.
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