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McKENZIE v. STATE

No. 83-2067.

467 So.2d 1056 (1985)

John L. McKENZIE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

April 23, 1985.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Robin H. Greene, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Calvin L. Fox, Asst. Atty. Gen., for appellee.

Before HUBBART, BASKIN and FERGUSON, JJ.

PER CURIAM.

We affirm the order revoking probation on the basis of the valid grounds asserted, but strike those provisions involving appellant's violations for failure to pay based upon the trial court's failure to find an ability to pay. See Edwards v. State, 439 So.2d 1028 (Fla. 3d DCA 1983); Scherer v. State, 366 So.2d 840 (Fla. 2d DCA 1979).

Affirmed...

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