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SMITH v. STATE

No. 93-0993.

642 So.2d 1105 (1994)

Ernest SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 19, 1994.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Tanja Ostapoff, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joseph A. Tringali, Asst. Atty. Gen., West Palm Beach, for appellee.

FARMER, Judge.

We reverse the order finding violations of defendant's probation. The finding that he failed to attend and complete a drug rehabilitation program was not shown to be willful, and indeed the only evidence shows that his nonattendance was for reasons beyond his control. Jacobsen v. State, 536 So.2d 373 (Fla. 2d DCA 1988). The finding that he failed to pay costs of supervision is unsupported by evidence showing...

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