ROYSTER v. STATE

No. 94-3000.

657 So.2d 36 (1995)

Lorenzo ROYSTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 31, 1995.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Steven H. Malone, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Michelle A. Konig, Asst. Atty. Gen., West Palm Beach, for appellee.


PARIENTE, Judge.

We reverse that portion of the order of probation and order of community control providing that defendant may perform community service hours in lieu of paying the cost of supervision if he does not have the ability to pay this cost. We reject the state's argument that the provision is permissive only and that defendant acquiesced to it.

A trial court no longer has the authority to require a defendant to perform community service hours as...

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