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BAKER v. STATE

No. 81-2324.

426 So.2d 1283 (1983)

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

District Court of Appeal of Florida, Fourth District.

February 16, 1983.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, Gary Caldwell, Asst. Public Defender, and Barbara White, Legal Intern, West Palm Beach, for appellant.

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

PER CURIAM.

Appellant was charged with three violations of probation, two substantive, and one technical. The State concedes that the trial court erred with respect to the two substantive violations. We hold that the trial court also erred in finding appellant guilty of violating his probation based on the technical charge of nonpayment of the monthly probation fee. There was no showing of ability to pay and no finding of fact on the issue. See Smith v. State,...

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