Narrative Opinion Summary
A violation of probation charge was pending against the appellant when the state sought to modify the terms of his probation. Following an informal motion hearing, the trial court approved the modification. The alleged probation violation stemmed from the appellant's failure to pay restitution and court costs. Florida Statutes Section 948.06(5) allows a trial court to consider alternative punishments to imprisonment after a hearing regarding failure to pay restitution. The record does not indicate that such a hearing occurred in this case. Consequently, the court reversed the trial court's decision and remanded the case for the required hearing under Section 948.06(5). Judges WARNER, FARMER, and GROSS concurred with the decision.
Legal Issues Addressed
Modification of Probation Termssubscribe to see similar legal issues
Application: The trial court approved a modification of the appellant's probation terms following an informal motion hearing.
Reasoning: Following an informal motion hearing, the trial court approved the modification.
Requirement of Hearing for Alternative Punishment Considerationsubscribe to see similar legal issues
Application: The court reversed and remanded the case due to the absence of a required hearing under Florida Statutes Section 948.06(5) for considering alternative punishments for failure to pay restitution.
Reasoning: The record does not indicate that such a hearing occurred in this case. Consequently, the court reversed the trial court's decision and remanded the case for the required hearing under Section 948.06(5).
Violation of Probation for Failure to Pay Restitutionsubscribe to see similar legal issues
Application: The appellant was charged with a probation violation due to failure to pay restitution and court costs.
Reasoning: The alleged probation violation stemmed from the appellant's failure to pay restitution and court costs.