Carter v. State

District Court of Appeal of Florida

Carter v. State

425 So. 2d 633, 1983 Fla. App. LEXIS 27756

CourtDistrict Court of Appeal of Florida

DecidedJanuary 21, 1983

DocketNo. 82-688

StatusPublished

This text of 425 So. 2d 633 (Carter 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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Carter v. State, 425 So. 2d 633, 1983 Fla. App. LEXIS 27756 (Fla. Ct. App. 1983).

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Opinion

PER CURIAM.

We remand to strike from the order of probation revocation the finding that appellant violated his probation by failing to pay supervision costs. The state failed to present evidence establishing appellant’s ability to pay. Watkins v. State, 368 So.2d 363 (Fla. 2d DCA 1979). We, however, affirm the revocation order and judgment based on the trial court’s findings that appellant: (1) failed to submit monthly reports; (2) changed his residence without consent; and (3) was charged by information with burglary and armed robbery.

REMANDED.

OTT, C.J., and DANAHY and CAMPBELL, JJ., concur.

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PER CURIAM.

We remand to strike from the order of probation revocation the finding that appellant violated his probation by failing to pay supervision costs. The state failed to present evidence establishing appellant’s ability to pay. Watkins v. State, 368 So.2d 363 (Fla. 2d DCA 1979). We, however, affirm the revocation order and judgment based on the trial court’s findings that appellant: (1) failed to submit monthly reports; (2) changed his residence without consent; and (3) was charged by information with burglary and armed robbery.

REMANDED.

OTT, C.J., and DANAHY and CAMPBELL, JJ., concur.

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425 So. 2d 633, 1983 Fla. App. LEXIS 27756, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carter-v-state-fladistctapp-1983.

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