NIX v. STATE

No. 91-1745.

604 So.2d 920 (1992)

Quinton NIX, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

September 8, 1992.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, P. Douglas Brinkmeyer, Asst. Public Defender, and John Dixon, Certified Legal Intern, for appellant.

Robert A. Butterworth, Atty. Gen., Gypsy Bailey, Asst. Atty. Gen., and Andrea England, Legal Intern, for appellee.


ERVIN, Judge.

Appellant, Quinton Nix, contends that the trial court erred in ordering restitution after determining (1) that appellant lacked the present ability to pay, and (2) that appellant pay the retail rather than the wholesale value of the gasoline he had stolen. We affirm the first issue, but reverse and remand as to the second.

After entering a plea of nolo contendere, Nix was adjudicated guilty and sentenced to two years' probation for stealing diesel...

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