Florida District Courts of Appeal, 1983

Carter v. State

Carter v. State
Florida District Courts of Appeal · Decided January 21, 1983 · Campbell, Danahy, Ott
425 So. 2d 633; 1983 Fla. App. LEXIS 27756 (Southern Reporter, Second Series)

Carter v. State

Opinion of the Court

PER CURIAM.

We remand to strike from the order of probation revocation the finding that appellant violated his probation by failing to pay supervision costs. The state failed to present evidence establishing appellant’s ability to pay. Watkins v. State, 368 So.2d 363 (Fla. 2d DCA 1979). We, however, affirm the revocation order and judgment based on the trial court’s findings that appellant: (1) failed to submit monthly reports; (2) changed his residence without consent; and (3) was charged by information with burglary and armed robbery.

REMANDED.

OTT, C.J., and DANAHY and CAMPBELL, JJ., concur.

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