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DAVIS v. STATE

No. 78-1318.

368 So.2d 633 (1979)

Gary Don DAVIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 14, 1979.

Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, Paul C. Helm, Asst. Public Defender, and Brent A. Woolbright, Legal Intern, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

The revocation of appellant's probation is affirmed, but we remand for the lower court to strike the finding of violation of the condition requiring payment of court costs. Appellant did not admit this violation, and there was no evidence to show that appellant was able to pay the costs. Coxon v. State, 365 So.2d 1067 (Fla. 2d DCA 1979).

HOBSON, A.C.J., and SCHEB and RYDER...

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