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Florida District Courts of Appeal, 1991

Cunningham v. State

Cunningham v. State
Florida District Courts of Appeal · Decided March 13, 1991 · Altenbernd, Frank, Schoonover
575 So. 2d 1375; 1991 Fla. App. LEXIS 2211; 1991 WL 35027 (Southern Reporter, Second Series)

Cunningham v. State

Opinion of the Court

FRANK, Judge.

We affirm the appellant’s judgment and sentence imposed following violation of probation. We note, however, that the court made no finding that the appellant was able to pay the costs of supervision, one of the grounds upon which his probation was violated.

We therefore strike from the order of revocation any reference to condition number 2. See Rainey v. State, 528 So.2d 528 *1376(Fla. 2d DCA 1988); Reynolds v. State, 498 So.2d 607 (Fla. 2d DCA 1986).

SCHOONOVER, C.J., and ALTENBERND, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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