From Casetext: Smarter Legal Research

Scott v. State

District Court of Appeal of Florida, Second District
Mar 19, 1984
446 So. 2d 1105 (Fla. Dist. Ct. App. 1984)

Opinion

Nos. 83-1197, 83-1198.

February 10, 1984. Rehearings Denied March 19, 1984.

Appeal from the Circuit Court, Hillsborough County, Harry Lee Coe, III, J.

Jerry Hill, Public Defender, Bartow, and Robert F. Moeller, Asst. Public Defender, Tampa, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Katherine V. Blanco, Asst. Atty. Gen., Tampa, for appellee.


Appellant's probation was revoked because he failed to pay monthly cost of supervision fees and because he violated the law by failing to redeliver a hired vehicle. See § 817.52(3), Fla. Stat. (1981). There was no evidence adduced that the monthly fees were not paid nor that appellant had the ability to pay the fees. Therefore, we strike the finding of this violation. See Coxon v. State, 365 So.2d 1067 (Fla. 2d DCA 1979).

There was sufficient evidence to support the finding that appellant violated the law. The record is clear that the lower court would have revoked appellant's probation for this violation alone. See Sillett v. State, 393 So.2d 53 (Fla. 2d DCA 1981). Accordingly, the order revoking appellant's probation is AFFIRMED.

CAMPBELL and LEHAN, JJ., concur.


Summaries of

Scott v. State

District Court of Appeal of Florida, Second District
Mar 19, 1984
446 So. 2d 1105 (Fla. Dist. Ct. App. 1984)
Case details for

Scott v. State

Case Details

Full title:TONY LEONARD SCOTT, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Mar 19, 1984

Citations

446 So. 2d 1105 (Fla. Dist. Ct. App. 1984)

Citing Cases

Warren v. State

We affirm the trial court's order of revocation based only upon violations of conditions (2) and (3) since…

Jenkins v. State

We strike the finding that appellant violated condition four of his probation as it was not supported by any…