Jimenez v. State

District Court of Appeal of Florida

Jimenez v. State

698 So. 2d 1376, 1997 Fla. App. LEXIS 10590, 1997 WL 577569

CourtDistrict Court of Appeal of Florida

DecidedSeptember 17, 1997

DocketNo. 97-241

StatusPublished

Cited by2 cases

This text of 698 So. 2d 1376 (Jimenez 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

Jimenez v. State, 698 So. 2d 1376, 1997 Fla. App. LEXIS 10590, 1997 WL 577569 (Fla. Ct. App. 1997).

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Opinion

PER CURIAM.

We affirm the order revoking defendant’s probation based on commission of grand theft and failure to participate in the TASC program. However, as the state properly concedes, the order is inconsistent with the trial court’s oral pronouncement that the state did not prove defendant’s ability to pay costs. Cushion v. State, 637 So.2d 2 (Fla. 3d DCA 1994). Accordingly, we remand this cause to the trial court with instructions to strike from the order defendant’s failure to pay costs as an additional ground for revocation. This modification does not require the presence of the defendant.

Affirmed in part, reversed in part, and remanded.

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PER CURIAM.

We affirm the order revoking defendant’s probation based on commission of grand theft and failure to participate in the TASC program. However, as the state properly concedes, the order is inconsistent with the trial court’s oral pronouncement that the state did not prove defendant’s ability to pay costs. Cushion v. State, 637 So.2d 2 (Fla. 3d DCA 1994). Accordingly, we remand this cause to the trial court with instructions to strike from the order defendant’s failure to pay costs as an additional ground for revocation. This modification does not require the presence of the defendant.

Affirmed in part, reversed in part, and remanded.

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698 So. 2d 1376, 1997 Fla. App. LEXIS 10590, 1997 WL 577569, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jimenez-v-state-fladistctapp-1997.

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