Behr v. State
This text of 650 So. 2d 1140 (Behr v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
CONFESSION OF ERROR
As the State properly concedes, the trial court erred in adjudicating the defendant guilty of a willful violation of probation, revoking the defendant’s probation and imposing community control where the trial court specifically found that the defendant lacked the financial ability to pay the court ordered restitution. See Hewett v. State, 613 So.2d 1305, 1307 (Fla.1993); § 948.06(4), Fla.Stat. (1993). Accordingly we reverse the revocation of defendant’s probation and the imposition of community control. However, we af[1141]*1141firm the remaining portions of the order imposing alternate sanctions.
Affirmed in part; reversed in part.
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Cite This Page — Counsel Stack
650 So. 2d 1140, 1995 Fla. App. LEXIS 2571, 1995 WL 107058, Counsel Stack Legal Research, https://law.counselstack.com/opinion/behr-v-state-fladistctapp-1995.