Behr v. State

District Court of Appeal of Florida

Behr v. State

650 So. 2d 1140, 1995 Fla. App. LEXIS 2571, 1995 WL 107058

District Court of Appeal of Florida·Decided March 15, 1995·No. No. 94-2173·Published

Opinion

CONFESSION OF ERROR

PER CURIAM.

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] firm the remaining portions of the order imposing alternate sanctions.

Affirmed in part; reversed in part.

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CONFESSION OF ERROR

PER CURIAM.

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] firm the remaining portions of the order imposing alternate sanctions.

Affirmed in part; reversed in part.

Behr v. State, 650 So. 2d 1140, 1995 Fla. App. LEXIS 2571, 1995 WL 107058 (Fla. Ct. App. 1995).

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Opinion

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