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HUARD v. STATE

No. 3D06-2122.

971 So.2d 890 (2007)

Louis HUARD, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 28, 2007.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Gwendolyn Powell Braswell, Assistant Public Defender, for appellant.

Bill McCollum, Attorney General, and Juliet S. Fattel, Assistant Attorney General, for appellee.

Before RAMIREZ, SHEPHERD, and CORTIÑAS, JJ.

CONFESSION OF ERROR

PER CURIAM.

Louis Huard was found to be in willful violation of his probation for failure to make the required restitution payments, which had been imposed as a condition of his probation. The State concedes that it failed to prove that Huard had the ability to pay and that the missed restitution payments were willful violations of probation. Because the uncontroverted evidence showed...

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