Pope v. State

Florida District Courts of Appeal
Pope v. State, 444 So. 2d 1161 (1984)
1984 Fla. App. LEXIS 11813
Baskin, Ferguson, Schwartz

Pope v. State

Opinion of the Court

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.

Reference

Full Case Name
Marion POPE v. The STATE of Florida
Cited By
2 cases
Status
Published