Opinion
Case No. 97-2175
Opinion filed July 29, 1997.
A Case of Original Jurisdiction — Habeas Corpus.
Bennett H. Brummer, Public Defender, and John E. Morrison, Special Assistant Public Defender, for appellant.
Robert A. Butterworth, Attorney General, and Paulette R. Taylor, Assistant Attorney General, for appellee.
Before GERSTEN, GODERICH and SHEVIN, JJ.
The state correctly concedes that the record does not support the court's finding that the petitioner has the present ability to pay the purge amount. Bowen v. Bowen 471 So.2d 1274 (Fla. 1985). We grant the petition for habeas corpus and order petitioner's release forthwith. On remand, the court may conduct further appropriate proceedings.
Habeas corpus granted; cause remanded.