Florida District Courts of Appeal, 1981

Thompson v. State

Thompson v. State
Florida District Courts of Appeal · Decided March 10, 1981 · Baskin, Hubbart, Pearson
394 So. 2d 1105; 1981 Fla. App. LEXIS 18887 (Southern Reporter, Second Series)

Thompson v. State

Opinion of the Court

BASKIN, Judge.

Upon review of the order entered by the trial court revoking defendant’s probation, we hold that the evidence supported the trial court’s ruling that defendant violated his probation by the commission of a burglary.

The state has conceded, however, that the evidence of defendant’s ability to pay costs of supervision was insufficient. Byrd v. State, 390 So.2d 145 (Fla. 3d DCA 1980). We therefore order the court’s finding that defendant violated condition 9 be stricken.

Affirmed as modified; remanded with directions.

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