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BEHR v. STATE

No. 94-2173.

650 So.2d 1140 (1995)

Richard BEHR, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 15, 1995.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Julie M. Levitt, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen. and Lucrecia R. Diaz, Asst. Atty. Gen., for appellee.

Before BARKDULL, LEVY and GODERICH, JJ.

CONFESSION OF ERROR

PER CURIAM.

As the State properly concedes, the trial court erred in adjudicating the defendant guilty of a willful violation of probation, revoking the defendant's probation and imposing community control where the trial court specifically found that the defendant lacked the financial ability to pay the court ordered restitution. See Hewett v. State, 613 So.2d 1305, 1307 (Fla. 1993);...

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