History
  • No items yet
midpage
Seders v. State
700 So. 2d 126
Fla. Dist. Ct. App.
1997
Check Treatment
PER CURIAM.

Wallace S. Seders appeals the revocation of his probation. We affirm the revocation, but strike the findings regarding several probation conditions.

Seders contends that he cannot be found to have violated the conditions requiring payment of certain costs because the payment schedule was established by the probation officer, not by the court. We agree. “The establishment of a payment schedule for court costs is a judicial responsibility that cannot be delegated to a probation officer.” Haygood v. State, 687 So.2d 318, 319 (Fla. 4th DCA 1997). See also McClough v. State, 669 So.2d 1099 (Fla. 5th DCA 1996); Moore v. State, 623 So.2d 795 (Fla. 1st DCA 1993). Therefore, we conclude that the trial court erred by finding that Seders violated conditions J, L, T and U by failing to meet the payment schedule imposed by the probation officer. Nevertheless, because the evidence does support the findings that Seders violated conditions 2, N and V, the revocation of probation is affirmed.

Affirmed.

ALTENBERND, A.C.J., and FULMER and QUINCE, JJ., concur.

Case Details

Case Name: Seders v. State
Court Name: District Court of Appeal of Florida
Date Published: Oct 8, 1997
Citation: 700 So. 2d 126
Docket Number: No. 96-01846
Court Abbreviation: Fla. Dist. Ct. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.