Opinion
No. 83-2204.
August 8, 1984.
Appeal from the Circuit Court, St. Lucie County, Royce R. Lewis, J.
Richard L. Jorandby, Public Defender, and Lorrie Robinson, Asst. Public Defender, West Palm Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Sharon Lee Stedman, Asst. Atty. Gen., West Palm Beach, for appellee.
Reversed. The State failed to establish that appellant wilfully failed to seek her probation officer's consent before leaving her approved residence, see Kotowski v. State, 344 So.2d 602 (Fla. 3d DCA 1977) or that her financial condition was such that payment could be made, Winfield v. State, 406 So.2d 50 (Fla. 1st DCA 1980).
HURLEY and DELL, JJ., concur.
LETTS, J., dissents without opinion.