CUNNINGHAM v. STATE

No. 90-01752.

575 So.2d 1375 (1991)

William CUNNINGHAM a/K/a John Jenken, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 13, 1991.


Attorney(s) appearing for the Case

A.R. Mander, III, of Greenfelder, Mander, Hanson & Murphy, Dade City, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Brenda S. Taylor, Asst. Atty. Gen., Tampa, for appellee.


FRANK, Judge.

We affirm the appellant's judgment and sentence imposed following violation of probation. We note, however, that the court made no finding that the appellant was able to pay the costs of supervision, one of the grounds upon which his probation was violated.

We therefore strike from the order of revocation any reference to condition number 2. See Rainey v. State, 528 So.2d 528

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