HAROLD WHITE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Harold White appeals the trial court’s order modifying his probation for convictions of three counts of grand theft, three counts of forgery, and three counts of uttering a forged instrument. The state established that Mr. White willfully failed to pay restitution. Because he did not prove by clear and convincing evidence that he lacked the ability to pay, the trial court correctly modified Mr. White’s probation by extending the term for 2⅜ additional years. See Hewett v. State, 613 So. 2d 1305 (Fla.1993); Green v. State, 620 So. 2d 1126 (Fla. 1st DCA 1993). Mr. White was not entitled to credit for the time already served on probation because the new term did not exceed the 5-year statutory maximum' for the third-degree felonies. State v. Summers, 642 So. 2d 742 (Fla.1994).
We remand this case, however, for the trial court to enter a written order specifying the condition of probation that Mr. White violated. Donley v. State, 557 So. 2d 943 (Fla. 2d DCA 1990).
Affirmed and remanded with directions.
DANAHY, A.C.J., and FRANK and ALTENBERND, JJ., concur.
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Nacho Moore v. State, 724 So. 2d 117 (Fla. 3d DCA 1998)…the court-ordered restitution, the trial court erred by finding that the [*118] 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.…
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Huard v. State, 971 So. 2d 890 (Fla. 3d DCA 2007)…restitution, the State confesses error insofar as the trial court found that Huard had willfully violated his probation. See Moore v. State, 724 So. 2d 117, 118 (Fla. 3d DCA 1998) (citing 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). We agree. Based on the State’s confession of error, we reverse and remand the case for the purpose of vacating the trial court’s order extending probation. The trial court shou…
Authorities Cited
- Carder v. State, 642 So. 2d 742 (Fla. 1994)
- Donley v. State, 557 So. 2d 943 (Fla. 2d DCA 1990)
- Ladon Maurice Green v. State, 620 So. 2d 1126 (Fla. 1st DCA 1993)
- Hewett v. State, 613 So. 2d 1305 (Fla. 1993)