HOLLAND v. STATE

No. 4D01-2456.

882 So.2d 510 (2004)

Valerie Ames HOLLAND, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

September 22, 2004.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Ellen Griffin, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee.


WARNER, J.

Appellant, Valerie Holland, challenges her sentence on welfare fraud, entered into pursuant to a negotiated plea. As a condition of the plea, she stipulated to her ability to pay restitution and agreed to give up the defense of inability to pay if a violation for nonpayment was filed. We hold that the condition was illegal, and the sentence must be reversed.

Pursuant to the negotiated plea, the trial court withheld adjudication of Holland's guilt...

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