KINLAW v. STATE

No. 89-1707.

564 So.2d 1242 (1990)

Martha Ellen KINLAW, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 2, 1990.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Lyle Hitchens, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Bonnie Jean Parrish, Asst. Atty. Gen., Daytona Beach, for appellee.


COBB, Judge.

The appellant, Martha Ellen Kinlaw, was convicted of retail theft and assault. On appeal, she contends the trial court erred in three respects: (1) in elevating her theft conviction to a third degree felony absent a statutory reference to felony petty theft in the charging document; (2) in imposing restitution without considering her ability to pay; and (3) in imposing an order of probation which did not conform...

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