MOORE v. STATE (1998)

District Court of Appeal of Florida,Third District.

Nacho MOORE, Appellant, v. The STATE of Florida, Appellee.

No. 98-1277.

Decided: November 12, 1998

BEFORE: NESBITT, GODERICH and SORONDO, JJ.

Michael A. Catalano, for Appellant. Robert A. Butterworth, Attorney General, and Dominique T. Suite-Brown, Assistant Attorney General, for Appellee.

Because the uncontroverted evidence showed that the defendant did not have the ability to pay the court-ordered restitution, the trial court erred by finding that the defendant 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.

PER CURIAM.

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