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CARTER v. STATE

No. 82-688.

425 So.2d 633 (1983)

Kenneth CARTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 21, 1983.

Attorney(s) appearing for the Case

Jerry Hill, Public Defender, and Karla J. Staker, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Ann G. Paschall, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

We remand to strike from the order of probation revocation the finding that appellant violated his probation by failing to pay supervision costs. The state failed to present evidence establishing appellant's ability to pay. Watkins v. State, 368 So.2d 363 (Fla. 2d DCA 1979). We, however, affirm the revocation order and judgment based on the trial court's findings that appellant: (1) failed to submit monthly reports...

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