NACHO MOORE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
NACHO MOORE, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
724 So. 2d 117
Florida District Court of Appeal, Third District (1998)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Because the uneontroverted evidence showed that the defendant did not have the ability to pay the court-ordered restitution, the trial court erred by finding that the defendant had willfully violated his probation. Therefore, we reverse the order extending his probation. See Hewett v. State, 613 So. 2d 1305 (Fla.1993); White v. State, 693 So. 2d 119 (Fla. 2d DCA 1997); Laing v. State, 622 So. 2d 560 (Fla. 3d DCA 1993).
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Huard v. State, 971 So. 2d 890 (Fla. 3d DCA 2007)…ion. Because the uncontroverted evidence showed that Huard did not have the ability to pay the court-ordered restitution, the State confesses error insofar as the trial court found that Huard had willfully violated his probation. See Moore v. State, 724 So. 2d 117, 118 (Fla. 3d DCA 1998) (citing Hewett v. State, 613 So. 2d 1305 (Fla.1993)); White v. State, 693 So. 2d 119 (Fla. 2d DCA 1997); Laing v. State, 622 So. 2d 560 (Fla. 3d DCA 1993). We agree. Based on the State’s confession of error, we reverse and…
Authorities Cited
- Hewett v. State, 613 So. 2d 1305 (Fla. 1993)
- Laing v. State, 622 So. 2d 560 (Fla. 3d DCA 1993)
- White v. State, 693 So. 2d 119 (Fla. 2d DCA 1997)