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

CourtDistrict Court of Appeal of Florida

DecidedMay 27, 1986

DocketNo. 85-801

StatusPublished

Cited by1 cases

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

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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.

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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.

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488 So. 2d 920, 11 Fla. L. Weekly 1200, 1986 Fla. App. LEXIS 8033, Counsel Stack Legal Research, https://law.counselstack.com/opinion/butterfield-v-state-fladistctapp-1986.

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