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544 So. 2d 1179

544 So.2d 1179

14 Fla.L.Weekly 1508

Mains v. State

District Court of Appeal of Florida · decided 1989-06-23

Cited by 2 later decisions — most recently November 1990

2 state decisions

Relies on 429 So. 2d 821 - Brown v. State · 489 So. 2d 224 - Lawrence v. Central Plaza Bank & Trust Co. · 377 So. 2d 250 - Smith v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1989-06-23

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LEHAN, Acting Chief Judge.

¶1Defendant appeals from the trial court’s order finding that he violated his probation by failing to pay the balance due of a fine during the seven year period of probation within which he was to pay the fine. We agree with defendant that since there was no finding of defendant’s ability to pay the fine, the finding that defendant violated his probation in that regard was erroneous. See Jordan v. State, 489 So.2d 224, 225 (Fla. 2d DCA 1986); Brown v. State, 429 So.2d 821, 822 (Fla. 2d DCA 1983); Smith v. State, 377 So.2d 250, 251 (Fla. 3d DCA 1979).

¶2Reversed and remanded for proceedings consistent herewith.

PARKER and PATTERSON, JJ., concur.
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