KEELAN T. MURRELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
This is an appeal from an order revoking probation. Appellant was charged and found guilty of violating two terms of probation, failing to make monthly written reports to his probation officer and failing to make monthly payments towards a public defender’s lien. Because there was no evidence that appellant was able to make the payments, revocation of probation for failure to pay the public defender’s lien was improper. Robbins v. State, 318 So. 2d 472 (Fla. 4th DCA 1975). While it was shown that appellant had failed to file the required monthly reports, we cannot be certain whether the trial court would have revoked probation and imposed the same sentence solely upon that violation of probation. McKeever v. State, 359 So. 2d 905 (Fla. 2d DCA 1978). Accordingly, the order of revocation is reversed for further proceedings consistent herewith.
ANSTEAD, DAUKSCH and MOORE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Holt v. State, 385 So. 2d 1133 (Fla. 5th DCA 1980)…question is whether the court abused its discretion. Bernhardt v. State, 288 So. 2d 490 (Fla.1974). The burden is on the State to show that a probationer was able to make such payments as may have been required by the judgment. See Murrell v. State, 364 So. 2d 96 (Fla. 4th DCA 1978). Testimony was received reflecting that appellant had several jobs, and had offered to pay the entire amount after he was charged with the probation violations. His probation officer testified that based upon appellant’s income a…
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Mack v. State, 440 So. 2d 602 (Fla. 3d DCA 1983)…costs of supervision should not have been considered as one of the grounds for revocation since there is no showing in the record that the appellant was able to pay such costs. Deason v. State, 404 So. 2d 1140 (Fla. 4th DCA 1981); Murrell v. State, 364 So. 2d 96 (Fla. 4th DCA 1978); Page v. State, 363 So. 2d 621 (Fla. 1st DCA 1978). It is clear that the court did not err in revoking appellant’s probation on the other grounds charged. However, since we do not know if the trial judge would have imposed the…
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Davis v. State, 371 So. 2d 491 (Fla. 4th DCA 1979)…tions found in this respect. Defendant also challenges a finding that he was in violation of his probation for having failed to pay the cost of supervision. In accordance with Depson v. State, 363 So. 2d 43 (Fla. 1st DCA 1978), and Murrell v. State, 364 So. 2d 96 (Fla. 4th DCA 1978), the finding re cost of supervision is stricken because there was no evidence or finding that the defendant had the ability to pay. The provision re cost of supervision is therefore stricken and the judgment below is affirmed in…
Authorities Cited
- Robbins v. State, 318 So. 2d 472 (Fla. 4th DCA 1975)
- McKEEVER v. State, 359 So. 2d 905 (Fla. 2d DCA 1978)