Sampson v. State

District Court of Appeal of Florida

Sampson v. State

453 So. 2d 919, 9 Fla. L. Weekly 1720, 1984 Fla. App. LEXIS 14542

CourtDistrict Court of Appeal of Florida

DecidedAugust 8, 1984

DocketNo. AY-328

StatusPublished

Cited by2 cases

This text of 453 So. 2d 919 (Sampson 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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Sampson v. State, 453 So. 2d 919, 9 Fla. L. Weekly 1720, 1984 Fla. App. LEXIS 14542 (Fla. Ct. App. 1984).

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Opinion

PER CURIAM.

This is an appeal from an order revoking probation on the grounds of failure to pay costs of supervision and court costs. The trial court’s finding as to appellant’s ability to pay was ambiguous, and the record does not reveal evidence that appellant had ability to pay. On the contrary, the record shows that appellant was adjudicated insolvent prior to the probation revocation hearing and again for the purpose of appeal. This case is factually similar to that of Jones v. State, 360 So.2d 1158 (Fla. 1st DCA 1978), in that regard, and pursuant to that case, we must reverse the order of revocation of probation and remand for a hearing as in Jones, supra:

At such hearing, the testimony should establish specifically the financial condition of appellant at the time the probation order was entered. Further, the financial condition of appellant at the present time should be examined. The court should make findings of fact concerning the aforementioned and should specifically determine whether appellant had ability to pay costs during the probationary period.

We also find merit in appellant’s contention that the trial court erred in failing to award credit for time previously served in the Nassau County jail as a condition of probation, Section 921.161(1), Florida Statutes; Calhoun v. State, 403 So.2d 1082 (Fla. 1st DCA 1981), and on remand the court shall determine the amount of [920]*920time served in the county jail and allow that as credit against appellant’s sentence.

MILLS, BOOTH and BARFIELD, JJ., concur.

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PER CURIAM.

This is an appeal from an order revoking probation on the grounds of failure to pay costs of supervision and court costs. The trial court’s finding as to appellant’s ability to pay was ambiguous, and the record does not reveal evidence that appellant had ability to pay. On the contrary, the record shows that appellant was adjudicated insolvent prior to the probation revocation hearing and again for the purpose of appeal. This case is factually similar to that of Jones v. State, 360 So.2d 1158 (Fla. 1st DCA 1978), in that regard, and pursuant to that case, we must reverse the order of revocation of probation and remand for a hearing as in Jones, supra:

At such hearing, the testimony should establish specifically the financial condition of appellant at the time the probation order was entered. Further, the financial condition of appellant at the present time should be examined. The court should make findings of fact concerning the aforementioned and should specifically determine whether appellant had ability to pay costs during the probationary period.

We also find merit in appellant’s contention that the trial court erred in failing to award credit for time previously served in the Nassau County jail as a condition of probation, Section 921.161(1), Florida Statutes; Calhoun v. State, 403 So.2d 1082 (Fla. 1st DCA 1981), and on remand the court shall determine the amount of [920]*920time served in the county jail and allow that as credit against appellant’s sentence.

MILLS, BOOTH and BARFIELD, JJ., concur.

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453 So. 2d 919, 9 Fla. L. Weekly 1720, 1984 Fla. App. LEXIS 14542, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sampson-v-state-fladistctapp-1984.

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