CLARENCE L. MAINS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CLARENCE L. MAINS, APPELLANT,
STATE OF FLORIDA, APPELLEE
544 So. 2d 1179
Florida District Court of Appeal, Second District (1989)
Positive Treatment
Cited by 2 cases
Opinion of the Court
LEHAN, Acting Chief Judge.
Defendant appeals from the trial court’s order finding that he violated his probation by failing to pay the balance due of a fine during the seven year period of probation within which he was to pay the fine. We agree with defendant that since there was no finding of defendant’s ability to pay the fine, the finding that defendant violated his probation in that regard was erroneous. See Jordan v. State, 489 So. 2d 224, 225 (Fla. 2d DCA 1986); Brown v. State, 429 So. 2d 821, 822 (Fla. 2d DCA 1983); Smith v. State, 377 So. 2d 250, 251 (Fla. 3d DCA 1979).
Reversed and remanded for proceedings consistent herewith.
PARKER and PATTERSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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City OF Miami v. Barclay, 563 So. 2d 203 (Fla. 3d DCA 1990)…ing. In re Alcoholic Beverages Seized from Saul’s Elk Club on June 30, 1982, 440 So. 2d 65 (Fla. 1st DCA 1983). Further, a defendant is not entitled to have his vehicle returned during the pendency of the forfeiture proceeding. McLane v. Youngblood, 544 So. 2d 1179 (Fla. 2d DCA 1989) citing Pompano. Beach v. General Mobile Home Brokers, Inc., 493 So. 2d at 97. Therefore, because only seventeen days had passed when defendant moved to have his jeep returned, his action was premature. [*205] Accordingly, we rever…
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City OF Coral Gables v. Rodriguez, 568 So. 2d 1302 (Fla. 3d DCA 1990)…time the court ordered the return of the property. “[A] defendant is not entitled to have his vehicle returned during the pendency of the forfeiture proceeding.” City of Miami v. Barclay, 563 So. 2d 203, 204 (Fla. 3d DCA 1990); McLane v. Youngblood, 544 So. 2d 1179 (Fla. 2d DCA 1989); see Lamar v. Universal Supply Co., 479 So. 2d 109 (Fla.1985); City of Pompano Beach v. General Mobile Home Brokers, 493 So. 2d 97 (Fla. 4th DCA 1986). Consequently, Rodriguez’s motion and the court’s disposition of the motion wer…
Authorities Cited
- Brown v. State, 429 So. 2d 821 (Fla. 2d DCA 1983)
- Lawrence v. Cent. Plaza Bank & Tr. Co., 489 So. 2d 224 (Fla. 2d DCA 1986)
- Smith v. State, 377 So. 2d 250 (Fla. 3d DCA 1979)