Legal Opinion

Lewis v. State

District Court of Appeal of Florida

Decided June 25, 1997No. 96-3127Published

1Per curiam

Appellant contends the trial court erred when it modified his probation conditions by directing the probation officer to determine his ability to pay and the monthly payment amount required by his probation conditions.

We reverse the trial court’s order modifying the condition of probation. A trial court may not delegate the responsibility for determining a defendant’s ability to pay and the amount of monthly payments to a probation officer. See Ragatz v. State, 679 So.2d 62 (Fla. 4th DCA 1996); A.J. v. State, 677 So.2d 935 (Fla. 4th DCA 1996); Strickland v. State, 610 So.2d 705 (Fla. 4th DCA…

2Cases cited3 opinions

  1. A.J. v. StateDistrict Court of Appeal of Florida · 1996
  2. Strickland v. StateDistrict Court of Appeal of Florida · 1992
  3. Ragatz v. StateDistrict Court of Appeal of Florida · 1996

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