Public-domain · open source
OpenJurist

653 So. 2d 469

Pinder v. State

District Court of Appeal of Florida · decided 1995-04-12

Cited by 1 later decisions — most recently December 1998

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1995-04-12

View the full empirical analysis of this case →

PER CURIAM.

¶1We reverse an order revoking Appellant’s probation. The record does not support a finding of willful violation. There were two allegations; one, that Appellant fell behind in paying costs of supervision and the other, that he communicated with the victim in violation of a restriction on doing so.

¶2The arrearage was made up and the account brought current prior to the hearing. Further, although sketchy, the evidence indicates Appellant’s inability to pay at the relevant times.

¶3As to the communication, we note that but for a voluntary comment made by Appellant to his probation officer there is no proof that the incident even occurred. The Appellant’s comment apparently referred to an innocuous effort to arrange visitation through a mutual friend with Appellant’s child, in the victim’s custody. The child was not a victim. We note that such communication would be allowed under the present, modified, probation order.

¶4We remand for reinstatement of the initial probation order subject to any modifications now permitted as to communicating with the victim through third parties concerning visitation.

STONE, FARMER and STEVENSON, JJ., concur.
/653/so2d/469 · .json · Public domain