Legal Opinion

Johnson v. State

District Court of Appeal of Florida

Decided September 3, 1997No. 96-2118PublishedCited by 1 opinion

1Per curiam

Appellant, Leroy Johnson, appeals an order finding him in violation of probation and modifying the terms of his probation. While it appears from the record that there was competent substantial evidence to support a finding that appellant’s failure to timely pay his probationary fees and costs was wilful, the order is silent as to appellant’s ability to pay.

This court has previously held that “[i]n order to revoke probation for failure to pay supervision costs ‘[t]here must ... be a sufficient demonstration of probationer’s ability to pay and a specific finding by the court regarding that…

2Cases cited2 opinions

  1. Kimble v. StateDistrict Court of Appeal of Florida · 1981
  2. Gordon v. StateDistrict Court of Appeal of Florida · 1984

3Cited by1 opinion

  1. Noel v. StateDistrict Court of Appeal of Florida · 2013

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