Legal Opinion

Thompson v. State

District Court of Appeal of Florida

Decided March 10, 1981No. Case No. 79-1487Published

1Opinion of the Court

BASKIN, Judge.

Upon review of the order entered by the trial court revoking defendant’s probation, we hold that the evidence supported the trial court’s ruling that defendant violated his probation by the commission of a burglary.

The state has conceded, however, that the evidence of defendant’s ability to pay costs of supervision was insufficient. Byrd v. State, 390 So.2d 145 (Fla. 3d DCA 1980). We therefore order the court’s finding that defendant violated condition 9 be stricken.

Affirmed as modified; remanded with directions.

2Cases cited1 opinion

  1. Byrd v. StateDistrict Court of Appeal of Florida · 1980