Opinion
No. 3D00-2450.
Opinion filed April 11, 2001.
An Appeal from the Circuit Court for Miami-Dade County, Roberto Pineiro, Judge. Lower Tribunal Nos. 99-29009, 99-29008.
Affirmed as modified.
Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Assistant Public Defender, for appellant.
Robert A. Butterworth, Attorney General, and Mark Rosenblatt, Assistant Attorney General, for appellee.
Before GERSTEN, GODERICH and SHEVIN, JJ.
We affirm the order revoking defendant's probation for failure to submit to urinalysis upon the probation officer's request. See Manon v. State, 740 So.2d 1253, 1256 (Fla. 3d DCA 1999) (whether probationer's violation is willful and substantial is question of fact; trial court's determination will not be overturned unless there is no supporting evidence). However, we strike that portion of the order finding that defendant violated probation by failing to pay costs of supervision. As the state properly concedes, the court granted defendant's motion for judgment of acquittal as to that alleged violation.