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Pope v. State

District Court of Appeal of Florida, Third District
Feb 14, 1984
444 So. 2d 1161 (Fla. Dist. Ct. App. 1984)

Opinion

No. 83-692.

February 14, 1984.

Appeal from the Circuit Court for Dade County, Robert P. Kaye, J.

Bennett H. Brummer, Public Defender and Howard K. Blumberg, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Richard E. Doran, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and BASKIN and FERGUSON, JJ.


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 unrebutted 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.


Summaries of

Pope v. State

District Court of Appeal of Florida, Third District
Feb 14, 1984
444 So. 2d 1161 (Fla. Dist. Ct. App. 1984)
Case details for

Pope v. State

Case Details

Full title:MARION POPE, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Feb 14, 1984

Citations

444 So. 2d 1161 (Fla. Dist. Ct. App. 1984)

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