Opinion
Case No. 3D01-1319.
Opinion filed May 31, 2001.
An Appeal from the Circuit Court for Dade County, Richard Margolius, Judge. Lower Tribunal No. 97-31760.
Bennett H. Brummer, Public Defender, and Lisa Walsh, Assistant Public Defender, for appellant.
Robert A. Butterworth, Attorney General, and Roberta G. Mandel, Assistant Attorney General, for appellee.
Before SCHWARTZ, C.J., and LEVY and SORONDO, JJ.
CONFESSION OF ERROR
Based on the State's candid and correct confession of error, we reverse the Order of Revocation of Probation entered by the trial court below. Although the court made the finding that the defendant had the ability to pay fifty dollars per month as restitution, we hold, from a review of the transcript of the proceedings below, that the said finding is not supported by the evidence and, consequently, the trial court erred in so finding.