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LATTIMORE v. STATE

No. 82-1964.

433 So.2d 56 (1983)

James LATTIMORE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

June 21, 1983.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Rory S. Stein, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Richard E. Doran, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and NESBITT and FERGUSON, JJ.

PER CURIAM.

We vacate two of the three bases upon which defendant was found in violation of his probation because the state failed to demonstrate at the hearing: (a) that the defendant had willfully and not without fault failed to maintain employment, Chatman v. State, 365 So.2d 789 (Fla. 4th DCA 1978); and (b) that he had the financial ability to pay for the cost of his probationary supervision, Smith v. State,

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