This is an appeal from an order revoking defendant’s probation after which he was sentenced to five years in prison. The violation of probation was based on an alleged sexual battery in which defendant used a gun. Two technical violations of probation regarding failure to pay a fine and a Public Defender’s lien are also involved. The defendant does not question the violation of probation and the findings of the court as to the sexual battery. The appeal is directed solely at the technical violations based on an argument that the court did not specifically find appellant was able to pay the amounts required. We have reviewed the evidence, and although the trial court did not make a finding as to defendant’s ability to pay, we find that sufficient evidence is present in the record to support such a finding. We also note that the evidence was overwhelmingly supportive of the court’s findings regarding sexual battery. Defendant was arrested while in the act of committing the battery. Defendant was, at that time, on probation for the crime of carrying a concealed weapon. The factual circumstances surrounding the prior concealed weapon charge were strikingly similar to the factual circumstances surrounding the present sexual battery charge.1
*276In view of the severity of the substantive offense, we find that the appeal solely on the basis of technical violations is frivolous. In view of the particular circumstances of this case, we do not fault the office of the Public Defender for taking this appeal, but we find it to be frivolous.2
Based upon this finding, the appeal is hereby dismissed.
APPEAL DISMISSED.
DAUKSCH, J., and ANSTEAD, HARRY L., Associate Judge, concur.