Opinion
Case No. 4D01-1622
Opinion filed January 30, 2002.
Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Hubert R. Lindsey, Judge; L.T. Case No. 95-12598CFA02.
Carey Haughwout, Public Defender, and Allen J. DeWeese, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and August A. Bonavita, Assistant Attorney General, West Palm Beach, for appellee.
While a violation of probation charge was pending, the state moved to modify the terms of appellant's probation. After an informal motion hearing, the trial court granted the state's motion to modify probation.
Appellant's purported violation of probation involved failure to pay restitution and court costs. Section 948.06(5), Florida Statutes (2000), contemplates that a trial court may "consider alternate measures of punishment other than imprisonment" after a hearing pertaining to the failure to pay restitution. It does not appear from this record that such a hearing was held in this case.
We reverse and remand for a hearing under section 948.06(5).
WARNER, FARMER and GROSS, JJ., concur.