Opinion
No. 94-2173.
March 15, 1995.
An Appeal from the Circuit Court for Dade County; Leonard E. Glick, Judge.
Bennett H. Brummer, Public Defender and Julie M. Levitt, Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen. and Lucrecia R. Diaz, Asst. Atty. Gen., for appellee.
Before BARKDULL, LEVY and GODERICH, JJ.
CONFESSION OF ERROR
As the State properly concedes, the trial court erred in adjudicating the defendant guilty of a willful violation of probation, revoking the defendant's probation and imposing community control where the trial court specifically found that the defendant lacked the financial ability to pay the court ordered restitution. See Hewett v. State, 613 So.2d 1305, 1307 (Fla. 1993); § 948.06(4), Fla. Stat. (1993). Accordingly we reverse the revocation of defendant's probation and the imposition of community control. However, we affirm the remaining portions of the order imposing alternate sanctions.
Affirmed in part; reversed in part.