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695 So. 2d 1296

Lewis v. State

District Court of Appeal of Florida · decided 1997-06-25

Relies on A.J. v. State · Pointe Savings Bank v. Garshall · Ragatz v. State

Decided 1997-06-25

PER CURIAM.

¶1Appellant contends the trial court erred when it modified his probation conditions by directing the probation officer to determine his ability to pay and the monthly payment amount required by his probation conditions.

¶2We reverse the trial court’s order modifying the condition of probation. A trial court may not delegate the responsibility for determining a defendant’s ability to pay and the amount of monthly payments to a probation officer. See Ragatz v. State, 679 So.2d 62 (Fla. 4th DCA 1996); A.J. v. State, 677 So.2d 935 (Fla. 4th DCA 1996); Strickland v. State, 610 So.2d 705 (Fla. 4th DCA 1992). We remand this cause with instructions to the trial court to determine appellant’s ability to pay and establish a payment schedule consistent therewith.

¶3REVERSED and REMANDED.

DELL, POLEN and STEVENSON, JJ., concur.
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