Abelson v. State

District Court of Appeal of Florida

Abelson v. State

367 So. 2d 633, 1979 Fla. App. LEXIS 13970

CourtDistrict Court of Appeal of Florida

DecidedJanuary 17, 1979

DocketNo. 78-1609

StatusPublished

Cited by1 cases

This text of 367 So. 2d 633 (Abelson v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Abelson v. State, 367 So. 2d 633, 1979 Fla. App. LEXIS 13970 (Fla. Ct. App. 1979).

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Opinion

PER CURIAM.

David Alan Abelson appeals the revocation of his probation. The finding of a violation of the condition requiring payment of court costs must be and is stricken from the order of revocation, since appellant was and is indigent and there was no showing of his ability to pay those costs. However, we will not remand for reconsideration of the revocation order. Appellant’s having left the county after his probation supervisor had denied him permission to do so, which was supported by ample evidence, constitutes a substantial violation of his probation and is sufficient to support the revocation order and judgment and sentence. The order and judgment and sentence are therefore affirmed in all other respects. See Coxon v. State, 365 So.2d 1067 (Fla.2d DCA 1979).

GRIMES, C. J., and HOBSON and RYDER, JJ., concur.

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PER CURIAM.

David Alan Abelson appeals the revocation of his probation. The finding of a violation of the condition requiring payment of court costs must be and is stricken from the order of revocation, since appellant was and is indigent and there was no showing of his ability to pay those costs. However, we will not remand for reconsideration of the revocation order. Appellant’s having left the county after his probation supervisor had denied him permission to do so, which was supported by ample evidence, constitutes a substantial violation of his probation and is sufficient to support the revocation order and judgment and sentence. The order and judgment and sentence are therefore affirmed in all other respects. See Coxon v. State, 365 So.2d 1067 (Fla.2d DCA 1979).

GRIMES, C. J., and HOBSON and RYDER, JJ., concur.

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367 So. 2d 633, 1979 Fla. App. LEXIS 13970, Counsel Stack Legal Research, https://law.counselstack.com/opinion/abelson-v-state-fladistctapp-1979.

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