Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

DAVID ROTH, APPELLANT, v. STATE OF FLORIDA, APPELLEE.

PER CURIAM.

Affirmed as to condition (1). As to condition (8), we affirm as to appellant's failure to keep his appointments at the job bank as instructed by his probation officer. Appellant's further violation of condition (8), that he failed to make payments towards restitution as instructed, is stricken from the order of revocation of probation, and conditions (2) and (23) are also stricken, as there was no determination of appellant's financial condition such that payment could be made. See Coxon v. State, 365 So.2d 1067 (Fla. 2d DCA 1979). Further, condition (7) is stricken from the order of revocation of probation as there was no evidence that appellant failed to work diligently at a lawful occupation to the best of his ability.

We decline to set aside the revocation, because the failure to file reports for four consecutive months as required by condition (1) and repeated failure to follow the probation officer's instructions to visit the job bank are substantial violations. Wheeler v. State, 344 So.2d 630 (Fla. 2d DCA 1977).

RYDER, A.C.J., and DANAHY and SCHOONOVER, JJ., concur.

Use AI to get other relevant cases.

Comments

ROTH v. STATE
(Nov 25, 1981)