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COSTELLO v. STATE

No. 89-2628.

567 So.2d 1032 (1990)

John James COSTELLO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 10, 1990.

Attorney(s) appearing for the Case

Harry Gulkin and David G. Vinikoor of Harry Gulkin, P.A., Fort Lauderdale, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and John M. Koenig, Jr., Asst. Atty. Gen., West Palm Beach, for appellee.

McNULTY, JOSEPH P., Associate Judge.

This is a violation of probation case in which appellant appeals the revocation of his probation for failure to pay the restitution imposed as a condition thereof. We reverse.

Appellant was the sole witness at the revocation hearing at which his only defense was his inability to pay.1 Needless to say, therefore, that while appellant admitted his failure to pay [thus obviating the burden...

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