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Florida District Courts of Appeal, 1998

Moore v. State

Moore v. State
Florida District Courts of Appeal · Decided November 12, 1998 · Goderich, Nesbitt, Sorondo
724 So. 2d 117; 1998 Fla. App. LEXIS 14259; 1998 WL 821867 (Southern Reporter, Second Series)

Moore v. State

Opinion of the Court

PER CURIAM.

Because the uneontroverted evidence showed that the defendant did not have the ability to pay the court-ordered restitution, the trial court erred by finding that the *118defendant had willfully violated his probation. Therefore, we reverse the order extending his probation. See Hewett v. State, 613 So.2d 1305 (Fla. 1993); White v. State, 693 So.2d 119 (Fla. 2d DCA 1997); Laing v. State, 622 So.2d 560 (Fla. 3d DCA 1993).

Reversed.

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