WINFIELD v. STATE

No. VV-322.

406 So.2d 50 (1981)

Stella WINFIELD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

November 17, 1981.


Attorney(s) appearing for the Case

Michael E. Minerva, Public Defender; and Randolph P. Murrell, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen. and George R. Georgieff, Asst. Atty. Gen., Tallahassee, for appellee.


PER CURIAM.

The sole question on this appeal of a probation revocation is whether a defendant's probation may be revoked for failure to pay restitution where the State failed to prove that the defendant had the financial ability to pay, but instead attempted to prove that the defendant had not actively pursued potential employment. For the reasons stated below, we answer the question in the negative and reverse the probation revocation.

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