Public-domain · open source
OpenJurist

464 So. 2d 256

464 So.2d 256

10 Fla.L.Weekly 575

Allen v. State

District Court of Appeal of Florida · decided 1985-03-06

Cited by 1 later decisions — most recently August 2018

1 state decisions

Relies on 408 So. 2d 1091 - Leonard v. Leonard · Aaron v. State · Winfield v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1985-03-06

View the full empirical analysis of this case →

PER CURIAM.

¶1The trial court found that three separate acts or omissions justified revoking the defendant’s probation. Our review of the record leads us to conclude that there is abundant evidence to support two of the bases. However, the third basis for revocation, failure to pay the costs of supervision, cannot be sustained because the record does not demonstrate that the defendant had the ability to pay. See Winfield v. State, 406 So.2d 50 (Fla. 1st DCA 1981); Deason v. State, 404 So.2d 1140 (Fla. 4th DCA 1981); Aaron v. State, 400 So.2d 1033 (Fla. 3d DCA), review denied, 408 So.2d 1095 (Fla.1981). Accordingly, we instruct the trial court, on remand, to strike the finding of failure to pay as a basis for revocation.

¶2As modified by this opinion, the defendant’s conviction and sentence are

¶3AFFIRMED.

GLICKSTEIN, HURLEY and BARK-ETT, JJ., concur.
/464/so2d/256 · .json · Public domain