THOMAS v. STATE

No. 3D01-1319.

785 So.2d 746 (2001)

Monique Juliette THOMAS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

May 31, 2001.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Lisa Walsh, Assistant Public Defender, Miami, for appellant.

Robert A. Butterworth, Attorney General, and Roberta G. Mandel, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and LEVY and SORONDO, JJ.


CONFESSION OF ERROR

PER CURIAM.

Based on the State's candid and correct confession of error, we reverse the Order of Revocation of Probation entered by the trial court below. Although the court made the finding that the defendant had the ability to pay fifty dollars per month as restitution, we hold, from a review of the transcript of the proceedings below, that the said finding is not supported by the evidence and, consequently, the trial court erred...

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