From Casetext: Smarter Legal Research

Eullett v. State

District Court of Appeal of Florida, Fourth District
May 20, 1987
507 So. 2d 736 (Fla. Dist. Ct. App. 1987)

Opinion

No. 4-86-1877.

May 20, 1987.

Appeal from the Circuit Court for Broward County; Arthur Franza, Judge.

Richard L. Jorandby, Public Defender, and Jeffrey L. Anderson, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Jr., Atty. Gen., Tallahassee, and Eddie J. Bell, Asst. Atty. Gen., West Palm Beach, for appellee.


Defendant's probation was revoked based on a warrant charging that he failed to submit monthly reports, failed to follow instructions, and failed to pay costs of supervision. However, the trial court did not specify the basis for the revocation. Upon a review of the record, we conclude that the evidence supports revocation for failure to report, but does not support revocation for failure to pay costs of supervision. See Warren v. State, 499 So.2d 55 (Fla. 4th DCA 1986). Because substantial testimony was devoted to the costs issue, we remand for such reconsideration and resentencing as the trial judge deems proper. We stress that the court may revoke probation and impose the same sentence, if so disposed. See Davis v. State, 474 So.2d 1246 (Fla. 4th DCA 1985).

LETTS, WALDEN and STONE, JJ., concur.


Summaries of

Eullett v. State

District Court of Appeal of Florida, Fourth District
May 20, 1987
507 So. 2d 736 (Fla. Dist. Ct. App. 1987)
Case details for

Eullett v. State

Case Details

Full title:HERMAN EULLETT, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: May 20, 1987

Citations

507 So. 2d 736 (Fla. Dist. Ct. App. 1987)

Citing Cases

Wells v. State

The court below, based upon the violation of curfew alone, would have been and remains within its discretion…

Evins v. State

Therefore, we reverse and remand for reconsideration of the defendant's revocation of probation and sentence.…