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HORNE v. STATE

No. 93-0080.

624 So.2d 817 (1993)

Roberta HORNE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing, Clarification or Certification Denied October 27, 1993.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Paul E. Petillo, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Melynda L. Melear, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Appellant has failed to demonstrate error in the trial court's concurrent sentences for her convictions of obtaining property by worthless check and battery. The trial court, however, has erred by imposing restitution as a condition of probation in the amount of $309.64 without first determining her ability to pay. See Ward v. State, 511 So.2d 1109 (Fla. 1st DCA 1987).

Accordingly, the order of restitution...

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