SMITH v. STATE

No. 79-399.

377 So.2d 250 (1979)

George Curtis SMITH, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 4, 1979.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Bruce A. Rosenthal, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Susan C. Minor, Asst. Atty. Gen., for appellee.

Before PEARSON, BARKDULL and NESBITT, JJ.


NESBITT, Judge.

Appellant was charged by affidavit with the violation of a condition of his probation; to wit: failure to make restitution payments to the crime victim. A probation violation hearing was held. At the hearing, the appellant testified that: he had not worked in about four months; he had diabetes; prior to that time he worked for about five weeks as a security guard; his regular work was selling insurance but he had not been employed in that occupation...

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