Tracy v. State, 95-0386
| Decision Date | 15 May 1996 |
| Docket Number | No. 95-0386,95-0386 |
| Citation | 673 So.2d 544 |
| Parties | 21 Fla. L. Weekly D1158 Patrick TRACY, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Richard L. Jorandby, Public Defender, and Karen E. Ehrlich, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, Elliot B. Kula, Assistant Attorney General, West Palm Beach, for appellee.
We reverse the revocation of appellant's community control. First, the order which he allegedly violated required him to pay costs at a rate per month to be determined "through the Department of Corrections." The amount of restitution cannot be delegated by the court to a probation officer. See e.g., Goodling v. State, 482 So.2d 594 (Fla. 4th DCA 1986). That principle has been applied to costs and fees. Moore v. State, 623 So.2d 795 (Fla. 1st DCA 1993). Second, because the order placing him on community control did not specify either a payment schedule or a time limit for paying costs and fees, or a time limit for completing community service, appellant had the entire time of his probation in which to do so. See Young v. State, 566 So.2d 69 (Fla. 2d DCA 1990). This revocation, which occurred before the term was up, was thus improper.
In addition, the state concedes error in that the written order which found seven grounds for revocation does not conform to the oral pronouncement which found only three. We find no error in the other grounds for revocation, but remand for reconsideration in light of our conclusion that one of the grounds was improper. See Durden v. State, 577 So.2d 640 (Fla. 4th DCA 1991).
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Mathis v. State, 95-2789
...his initial probation to have completed his community service, this could not be a basis to revoke his probation. Tracy v. State, 673 So.2d 544 (Fla. 4th DCA 1996). As to the fourth violation, on February 9, 1995, appellant's probation officer informed him that if he failed to report to the......
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Shipman v. State
...v. State, 662 So.2d 408 (Fla. 1st DCA 1995). The rule articulated in Oates and similar cases is applicable here. In Tracy v. State, 673 So.2d 544, 544-45 (Fla. 4th DCA 1996), the rule was applied to circumstances identical to those present [B]ecause the order placing him on [probation] did ......
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Shepard v. State
...probation for failure to pay court costs where no schedule or time period for payment was provided); see also Tracy v. State, 673 So.2d 544, 544-45 (Fla. 4th DCA 1996)(reversing revocation of appellant's community control for failure to pay costs and fees where order placing him on communit......
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Llumbet v. State, 96-1867
...Llumbet attended the drug program. Revocation on the ground that Llumbet failed to pay restitution was premature. See Tracy v. State, 673 So.2d 544 (Fla. 4th DCA 1996). The trial court did not set forth a restitution payment schedule, and it is improper for the court to delegate that task t......