Public-domain · open source
OpenJurist

473 So. 2d 786

473 So.2d 786

10 Fla.L.Weekly 1871

Docket No. AY-16.

Kane v. State

Jay Miles KANE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 1985-08-07

Key passage — most relied on by later courts

“The court should not have considered the new charges which were not embraced within the timely affidavit.”

quoted by 1 later decision, including 530 So. 2d 1095 - McPherson v. State

Relies on Clark v. State · 453 So. 2d 539 - Sparks v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1985-08-07

How this case has been cited

Cited by 4 later decisions — most recently December 2009

4 state decisions

20198519902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1*787 Michael E. Allen, Public Defender, P. Douglas Brinkmeyer, Asst. Public Defender, for appellant.

¶2Jim Smith, Atty. Gen., Gregory G. Costas, Asst. Atty. Gen., for appellee.

¶3WENTWORTH, Judge.

¶4Appellant seeks review of an order by which his probation was revoked and he was adjudged guilty and sentenced to a term of incarceration for a ciminal mischief offense. The revocation proceeding was initiated by a timely filed affidavit alleging that appellant violated his probation by failing to pay costs mandated in the probation order. Expressing some concern as to whether appellant had pursued a diligent work effort, the court further found that appellant had the ability to make the required payments and had violated his probation by failing to do so. However, the court also found that appellant had violated various other conditions of his probation as alleged in an amended affidavit filed after the expiration of the probationary term. As indicated in Clark v. State,402 So.2d 43 (Fla. 4th DCA 1981), the court should not have considered the new charges which were not embraced within the timely affidavit, and the findings relating thereto are hereby stricken from the revocation order. But since the court indicated that it was primarily concerned with appellant's failure to pay the mandated costs, and it appears that appellant's probation would have been revoked for this violation alone, the improper findings do not require reversal of the revocation order. See Sparks v. State,453 So.2d 539 (Fla. 2d DCA 1984). Therefore, as amended, we hereby affirm the order appealed.

¶5SHIVERS and NIMMONS, JJ., concur.

/473/so2d/786 · .json · Public domain