Butterfield v. State

District Court of Appeal of Florida

Butterfield v. State

488 So. 2d 920, 11 Fla. L. Weekly 1200, 1986 Fla. App. LEXIS 8033

District Court of Appeal of Florida·Decided May 27, 1986·No. No. 85-801·Published·Cited by 1 cases

Opinion

PER CURIAM.

This appeal is brought from an order revoking probation and imposing a thirty-day sentence with credit for twenty-five days already served. On a dispositive question we hold that the probationer showed that he had exhausted all reasonable means to pay the costs of supervising his probation and that it was, therefore, fundamentally unfair to revoke probation automatically without considering whether adequate alternative methods of punishment were available. § 948.06(4), Fla.Stat. (1985); Bearden v. Georgia, 461 U.S. 660, 103 S.Ct. 2064, 76 L.Ed.2d 221 (1983).

The order of revocation is reversed and the cause is remanded for further consistent proceedings.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

This appeal is brought from an order revoking probation and imposing a thirty-day sentence with credit for twenty-five days already served. On a dispositive question we hold that the probationer showed that he had exhausted all reasonable means to pay the costs of supervising his probation and that it was, therefore, fundamentally unfair to revoke probation automatically without considering whether adequate alternative methods of punishment were available. § 948.06(4), Fla.Stat. (1985); Bearden v. Georgia, 461 U.S. 660, 103 S.Ct. 2064, 76 L.Ed.2d 221 (1983).

The order of revocation is reversed and the cause is remanded for further consistent proceedings.

Butterfield v. State, 488 So. 2d 920, 11 Fla. L. Weekly 1200, 1986 Fla. App. LEXIS 8033 (Fla. Ct. App. 1986).

Pincite

488 So. 2d 920 (Butterfield v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related