695 So. 2d 749 | Fla. Dist. Ct. App. | 1997
Appellant seeks review of an order adjudicating him guilty, revoking his probation, and sentencing him to a term of incarceration. The trial court found that appellant had failed to perform community service
The trial court also, however, found that probation had been violated by appellant’s failure to pay monthly costs of supervision and certain court costs which were imposed. Appellant argues that there was insufficient evidence of his ability to pay but we disagree. Further, appellant’s argument that the trial court could not delegate the making of a payment schedule to the probation officer was not presented below and it is not properly preserved for this appeal. See Schotsch v. State, 670 So.2d 127 (Fla. 4th DCA), rev. denied, 679 So.2d 774 (Fla.1996).
Concluding that one of the grounds for violation of probation was proven and the other was not, we remand to the trial court for a determination whether the probation would have been revoked based solely on the proven violation. Gavins v. State, 587 So.2d 487 (Fla. 1st DCA 1991).
AFFIRMED in part, REVERSED in part, and REMANDED.