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Moore v. State

District Court of Appeal of Florida, Third District
Nov 12, 1998
724 So. 2d 117 (Fla. Dist. Ct. App. 1998)

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.


Summaries of

Moore v. State

District Court of Appeal of Florida, Third District
Nov 12, 1998
724 So. 2d 117 (Fla. Dist. Ct. App. 1998)
Case details for

Moore v. State

Case Details

Full title:Nacho MOORE, Appellant, v. The STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Nov 12, 1998

Citations

724 So. 2d 117 (Fla. Dist. Ct. App. 1998)

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