Florida District Courts of Appeal, 1979

Fleming v. State

Fleming v. State
Florida District Courts of Appeal · Decided June 6, 1979 · Anstead, Cross, Moore
372 So. 2d 132; 1979 Fla. App. LEXIS 14858 (Southern Reporter, Second Series)

Fleming v. State

Concurring Opinion

ANSTEAD, Judge,

specially concurring:

I agree that the proof was sufficient to sustain revocation of probation on two counts, but a third finding of appellant’s failure to pay a number of monthly supervisory fees was in error because there was no proof that appellant had the financial ability to make the payments. Accordingly, that portion of the revocation order should be stricken. Cohen v. State, 365 So.2d 1052 (Fla. 4th DCA 1978).

Opinion of the Court

PER CURIAM.

Affirmed.

CROSS and MOORE, JJ., concur. ANSTEAD, J., concurs specially with opinion.

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