LOUIS HUARD, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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[*891] CONFESSION OF ERROR
PER CURIAM.
Louis Huard was found to be in willful violation of his probation for failure to make the required restitution payments, which had been imposed as a condition of his probation. The State concedes that it failed to prove that Huard had the ability to pay and that the missed restitution payments were willful violations of probation. Because the uncontroverted evidence showed that Huard did not have the ability to pay the court-ordered 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 should terminate the appellant’s probation and issue a criminal order of restitution payable to the victim for the balance of the restitution owed.
Reversed and remanded with instructions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Skipper v. State, 189 So. 3d 269 (Fla. 2d DCA 2016)…pper’s wife’s condition will continue indefinitely. Therefore on remand the trial court should terminate Skipper’s probation and issue a criminal order of restitution payable to the victim for the balance of the restitution owed. See Huard v. State, 971 So. 2d 890, 891 (Fla. 3d DCA 2007) (converting the restitution obligation into a criminal order of restitution when the defendant had no ability to pay). Reversed and remanded with directions. SILBERMAN and LUCAS, JJ., concur. . The record shows that Skippe…
Authorities Cited
- Hewett v. State, 613 So. 2d 1305 (Fla. 1993)
- Laing v. State, 622 So. 2d 560 (Fla. 3d DCA 1993)
- White v. State, 693 So. 2d 119 (Fla. 2d DCA 1997)
- Nacho Moore v. State, 724 So. 2d 117 (Fla. 3d DCA 1998)