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MOORE v. STATE

No. 98-1277.

724 So.2d 117 (1998)

Nacho MOORE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 12, 1998.

Attorney(s) appearing for the Case

Michael A. Catalano, for Appellant.

Robert A. Butterworth, Attorney General, and Dominique T. Suite-Brown, Assistant Attorney General, for Appellee.

BEFORE: NESBITT, GODERICH and SORONDO, JJ.

PER CURIAM.

Because the uncontroverted evidence showed that the defendant did not have the ability to pay the court-ordered restitution, the trial court erred by finding that the defendant had willfully violated his probation. Therefore, we reverse the order extending his probation. See Hewett v. State, 613 So.2d 1305 (Fla.1993); White v. State, 693 So.2d...

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