Opinion
No. 98-1277.
November 12, 1998.
An Appeal from the Circuit Court, Dade County, Richard V. Margolius, Judge.
Michael A. Catalano, for appellant.
Robert A. Butterworth, Attorney General, and Dominique T. Suite-Brown, Assistant Attorney General, for appellee.
BEFORE: NESBITT, GODERICH and SORONDO, JJ.
Because the uncontroverted 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.