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Pope v. StatePope v. State

District Court of Appeal of Florida
Feb 14, 1984
No. 83-692
Versions:444 So. 2d 1161
1984 Fla. App. LEXIS 11813
BASKIN, Judge.

A defendant may not be found guilty of a violation of probation for failure to pay costs of supervision unless the state demonstrates his financial ability to pay. Edwards v. State, 439 So.2d 1028 (Fla. 3d DCA 1983); Lattimore v. State, 433 So.2d 56 (Fla. 3d DCA 1983); Smith v. State, 373 So.2d 76 (Fla. 3d DCA 1979). The unrebut-ted testimony before the court established that defendant Pope had never been employed and had no apparent ability to pay. We vacate the finding of violation of probation for failure to pay costs of supervision.

Affirmed as modified.

Case Details

Case Name: Pope v. State
Court Name: District Court of Appeal of Florida
Date Published: Feb 14, 1984
Citations: 444 So. 2d 1161; 1984 Fla. App. LEXIS 11813; No. 83-692
Docket Number: No. 83-692
Court Abbreviation: Fla. Dist. Ct. App.
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