Legal Opinion

Pope v. State

District Court of Appeal of Florida

Decided February 14, 1984No. 83-692PublishedCited by 2 opinions

1Opinion of the Court

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.

2Cases cited3 opinions

  1. Edwards v. StateDistrict Court of Appeal of Florida · 1983
  2. Smith v. StateDistrict Court of Appeal of Florida · 1979
  3. Lattimore v. StateDistrict Court of Appeal of Florida · 1983

3Cited by2 opinions

  1. Bass v. StateDistrict Court of Appeal of Florida · 1985
  2. Iacono v. StateDistrict Court of Appeal of Florida · 1984