Florida District Courts of Appeal, 1995

Behr v. State

Behr v. State
Florida District Courts of Appeal · Decided March 15, 1995 · Barkdull, Goderich, Levy
650 So. 2d 1140; 1995 Fla. App. LEXIS 2571; 1995 WL 107058 (Southern Reporter, Second Series)

Behr v. State

Opinion of the Court

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*1141firm the remaining portions of the order imposing alternate sanctions.

Affirmed in part; reversed in part.

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