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Page v. State

District Court of Appeal of Florida, First District
Oct 31, 1978
363 So. 2d 621 (Fla. Dist. Ct. App. 1978)

Summary

holding that trial court could not revoke for failure to make daily telephone contact with probation supervisor because requirement was not court-imposed

Summary of this case from Bell v. State

Opinion

No. JJ-281.

October 31, 1978.

Appeal from the Circuit Court, Bay County, W.L. Fitzpatrick, J.

Michael J. Minerva, Public Defender, and Louis G. Carres, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Richard W. Prospect, Asst. Atty. Gen., for appellee.


Gerald Wayne Page's probation was revoked for failure to file timely monthly reports, failure to support dependents, and failure to make daily telephone contact with the parole supervisor pursuant to a requirement set by the supervisor.

Under the facts of this case, the requirement that Page file timely monthly reports was a court-imposed condition and Page admitted the untimely filings. Thus, this was a proper ground on which probation could be revoked.

As to the second reason, however, the failure to support dependents, we find that the record contains no showing that Page had the ability to support his dependents. Under the reasoning of Jones v. State, 360 So.2d 1158 (Fla. 1st DCA 1978), we hold that revocation cannot be based on failure to support dependents unless there is evidence that the probationer had the ability to provide such support.

Finally, the requirement that Page make daily telephone contact with the probation supervisor was imposed by the supervisor and not by the court. We hold that probation may be revoked only for court-imposed conditions. Barber v. State, 344 So.2d 913 (Fla. 3d DCA 1977).

In summary, we find that the revocation of probation could properly be based on the failure to file timely monthly reports, but could not properly be based on the other two grounds. We do not know if the trial court would revoke probation and impose the same sentence for the sole reason that Page failed to file timely monthly reports. We, therefore, reverse and remand for proceedings consistent with this opinion.

SMITH, Acting C.J., ERVIN, J., and MASON, ERNEST E., Associate Judge, concur.


Summaries of

Page v. State

District Court of Appeal of Florida, First District
Oct 31, 1978
363 So. 2d 621 (Fla. Dist. Ct. App. 1978)

holding that trial court could not revoke for failure to make daily telephone contact with probation supervisor because requirement was not court-imposed

Summary of this case from Bell v. State

finding revocation of probation could not be based on the requirement that the appellant make daily telephone contact with the probation officer as that requirement was imposed by the supervisor not the court

Summary of this case from Williamson v. State

In Page v. State, 363 So.2d 621 (Fla. 1st DCA 1978) and in Jones v. State, 360 So.2d 1158 (Fla. 1st DCA 1978), we held that absent a showing of financial ability, a trial court may not revoke a defendant's probation based on the failure to pay for the costs of his supervision.

Summary of this case from Bates v. State
Case details for

Page v. State

Case Details

Full title:GERALD WAYNE PAGE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Oct 31, 1978

Citations

363 So. 2d 621 (Fla. Dist. Ct. App. 1978)

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