Fleming v. State

Full title: TIMOTHY FLEMING, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Jun 6, 1979

372 So. 2d 132 (Fla. Dist. Ct. App. 1979)

Opinion

No. 78-780.

June 6, 1979.

Appeal from Circuit Court, Broward County; W. Herbert Moriarty, Judge.

Richard L. Jorandby, Public Defender, and Larry S. Weaver, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Affirmed.

CROSS and MOORE, JJ., concur.

ANSTEAD, J., concurs specially with opinion.

ANSTEAD, Judge, specially concurring:

I agree that the proof was sufficient to sustain revocation of probation on two counts, but a third finding of appellant's failure to pay a number of monthly supervisory fees was in error because there was no proof that appellant had the financial ability to make the payments. Accordingly, that portion of the revocation order should be stricken. Cohen v. State, 365 So.2d 1052 (Fla. 4th DCA 1978).