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SIMMONS v. STATE

No. 79-751.

378 So.2d 1313 (1980)

Ernest Lee SIMMONS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 9, 1980.

Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, Bartow, and Susan G. Sexton, Asst. Public Defender, Tampa, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Eula Tuttle Mason, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

We remand so that the lower court may strike the portion of the revocation order finding that appellant failed to pay monthly supervisory fees, because there was no proof that appellant had the financial ability to make the payments. Coxon v. State, 365 So.2d 1067 (Fla.2d DCA 1979). We otherwise affirm the order of revocation, and the judgment and sentence.

GRIMES, C.J., and BOARDMAN and RYDER...

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