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Cunningham v. State

District Court of Appeal of Florida, Second District
Mar 13, 1991
575 So. 2d 1375 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-01752.

March 13, 1991.

Appeal from the Circuit Court for Pasco County; Wayne L. Cobb, Judge.

A.R. Mander, III, of Greenfelder, Mander, Hanson Murphy, Dade City, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Brenda S. Taylor, Asst. Atty. Gen., Tampa, for appellee.


We affirm the appellant's judgment and sentence imposed following violation of probation. We note, however, that the court made no finding that the appellant was able to pay the costs of supervision, one of the grounds upon which his probation was violated.

We therefore strike from the order of revocation any reference to condition number 2. See Rainey v. State, 528 So.2d 528 (Fla. 2d DCA 1988); Reynolds v. State, 498 So.2d 607 (Fla. 2d DCA 1986).

SCHOONOVER, C.J., and ALTENBERND, JJ., concur.


Summaries of

Cunningham v. State

District Court of Appeal of Florida, Second District
Mar 13, 1991
575 So. 2d 1375 (Fla. Dist. Ct. App. 1991)
Case details for

Cunningham v. State

Case Details

Full title:WILLIAM CUNNINGHAM A/K/A JOHN JENKEN, APPELLANT, v. STATE OF FLORIDA…

Court:District Court of Appeal of Florida, Second District

Date published: Mar 13, 1991

Citations

575 So. 2d 1375 (Fla. Dist. Ct. App. 1991)