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PHILEMON v. STATE

No. 4D10-3871.

82 So.3d 200 (2012)

Richard PHILEMON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 14, 2012.

Attorney(s) appearing for the Case

Carey Haughwout , Public Defender, and Dea Abramschmitt , Assistant Public Defender, West Palm Beach, for appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Katherine Y. McIntire , Assistant Attorney General, West Palm Beach, for appellee.

GERBER, J.

The defendant appeals the circuit court's order revoking his probation on the grounds that he willfully failed to pay restitution and supervision costs as conditions of his probation. He argues he proved that he was unable to pay restitution and supervision costs. See § 948.06(5), Fla. Stat. (2010) ("In any hearing in which the failure of a probationer ... to pay restitution or the cost of supervision as provided in s. 948.09, as directed, is...

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