JOHNSON v. STATE

No. 96-2118.

698 So.2d 909 (1997)

Leroy JOHNSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

September 3, 1997.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Paul E. Petillo, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Elaine L. Thompson, Assistant Attorney General, West Palm Beach, for appellee.


PER CURIAM.

Appellant, Leroy Johnson, appeals an order finding him in violation of probation and modifying the terms of his probation. While it appears from the record that there was competent substantial evidence to support a finding that appellant's failure to timely pay his probationary fees and costs was wilful, the order is silent as to appellant's ability to pay.

This court has previously held that "[i]n order to revoke probation for failure to pay supervision...

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