Dirico v. State

District Court of Appeal of Florida

Dirico v. State

806 So. 2d 581, 2002 Fla. App. LEXIS 746, 2002 WL 112964

CourtDistrict Court of Appeal of Florida

DecidedJanuary 30, 2002

DocketNo. 4D01-1622

StatusPublished

This text of 806 So. 2d 581 (Dirico 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.

Bluebook

Dirico v. State, 806 So. 2d 581, 2002 Fla. App. LEXIS 746, 2002 WL 112964 (Fla. Ct. App. 2002).

Pincite

Opinion

PER CURIAM.

While a violation of probation charge was pending, the state moved to modify the terms of appellant’s probation. After an informal motion hearing, the trial court granted the state’s motion to modify probation.

Appellant’s purported violation of probation involved failure to pay restitution and court costs. Section 948.06(5), Florida Statutes (2000), contemplates that a trial court may “consider alternate measures of punishment- other- than imprisonment” after a hearing pertaining to the failure to pay restitution. It does not appear from this record that such a hearing was held in this case.

We reverse and remand for a hearing under section 948.06(5).

WARNER, FARMER and GROSS, JJ, concur.

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PER CURIAM.

While a violation of probation charge was pending, the state moved to modify the terms of appellant’s probation. After an informal motion hearing, the trial court granted the state’s motion to modify probation.

Appellant’s purported violation of probation involved failure to pay restitution and court costs. Section 948.06(5), Florida Statutes (2000), contemplates that a trial court may “consider alternate measures of punishment- other- than imprisonment” after a hearing pertaining to the failure to pay restitution. It does not appear from this record that such a hearing was held in this case.

We reverse and remand for a hearing under section 948.06(5).

WARNER, FARMER and GROSS, JJ, concur.

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Bluebook (online)

806 So. 2d 581, 2002 Fla. App. LEXIS 746, 2002 WL 112964, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dirico-v-state-fladistctapp-2002.