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Hines v. State

District Court of Appeal of Florida, Second District
Oct 22, 1982
420 So. 2d 926 (Fla. Dist. Ct. App. 1982)

Opinion

No. 82-653.

October 22, 1982.

Appeal from Circuit Court, Manatee County; Frank Schaub, Judge.

Jerry Hill, Public Defender, and Michael E. Raiden, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Ann G. Paschall, Asst. Atty. Gen., Tampa, for appellee.


We remand to strike from the order of probation revocation the finding that appellant violated his probation by failing to pay supervision costs. The state failed to present evidence establishing appellant's ability to pay. Watkins v. State, 368 So.2d 363 (Fla. 2d DCA 1979). We, however, affirm the revocation order and judgments based on the offenses of theft and attempted burglary.

We also remand for correction of the sentence because the trial court failed to comply with the mandate of section 921.161(1), Florida Statutes (1981). The sentence must specifically reflect credit for time served. Williams v. State, 360 So.2d 61 (Fla. 2d DCA 1978).

OTT, C.J., and HOBSON and DANAHY, JJ., concur.


Summaries of

Hines v. State

District Court of Appeal of Florida, Second District
Oct 22, 1982
420 So. 2d 926 (Fla. Dist. Ct. App. 1982)
Case details for

Hines v. State

Case Details

Full title:CLYDE HINES, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Oct 22, 1982

Citations

420 So. 2d 926 (Fla. Dist. Ct. App. 1982)

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