Pope v. State

District Court of Appeal of Florida

Pope v. State

444 So. 2d 1161, 1984 Fla. App. LEXIS 11813

CourtDistrict Court of Appeal of Florida

DecidedFebruary 14, 1984

DocketNo. 83-692

StatusPublished

Cited by2 cases

This text of 444 So. 2d 1161 (Pope 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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Pope v. State, 444 So. 2d 1161, 1984 Fla. App. LEXIS 11813 (Fla. Ct. App. 1984).

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Opinion

BASKIN, Judge.

A defendant may not be found guilty of a violation of probation for failure to pay costs of supervision unless the state demonstrates his financial ability to pay. Edwards v. State, 439 So.2d 1028 (Fla. 3d DCA 1983); Lattimore v. State, 433 So.2d 56 (Fla. 3d DCA 1983); Smith v. State, 373 So.2d 76 (Fla. 3d DCA 1979). The unrebut-ted testimony before the court established that defendant Pope had never been employed and had no apparent ability to pay. We vacate the finding of violation of probation for failure to pay costs of supervision.

Affirmed as modified.

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BASKIN, Judge.

A defendant may not be found guilty of a violation of probation for failure to pay costs of supervision unless the state demonstrates his financial ability to pay. Edwards v. State, 439 So.2d 1028 (Fla. 3d DCA 1983); Lattimore v. State, 433 So.2d 56 (Fla. 3d DCA 1983); Smith v. State, 373 So.2d 76 (Fla. 3d DCA 1979). The unrebut-ted testimony before the court established that defendant Pope had never been employed and had no apparent ability to pay. We vacate the finding of violation of probation for failure to pay costs of supervision.

Affirmed as modified.

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444 So. 2d 1161, 1984 Fla. App. LEXIS 11813, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pope-v-state-fladistctapp-1984.

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