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444 So. 2d 1161

Pope v. State

District Court of Appeal of Florida

Decided February 14, 1984

District Court of Appeal of Florida · decided 1984-02-14

Cited by 2 later decisions — most recently August 1985

2 state decisions

Relies on 439 So. 2d 1028 - Edwards v. State · 373 So. 2d 76 - Smith v. State · 433 So. 2d 56 - Lattimore v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1984-02-14

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BASKIN, Judge.

¶1A defendant may not be found guilty of a violation of probation for failure to pay costs of supervision unless the state demonstrates his financial ability to pay. Edwards v. State, 439 So.2d 1028 (Fla. 3d DCA 1983); Lattimore v. State, 433 So.2d 56 (Fla. 3d DCA 1983); Smith v. State, 373 So.2d 76 (Fla. 3d DCA 1979). The unrebut-ted testimony before the court established that defendant Pope had never been employed and had no apparent ability to pay. We vacate the finding of violation of probation for failure to pay costs of supervision.

¶2Affirmed as modified.

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