BROOKS v. STATE

No. 5D11-870.

114 So.3d 965 (2012)

Audrey BROOKS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 16, 2012.


Attorney(s) appearing for the Case

James S. Purdy , Public Defender, and Kevin R. Holtz , Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Anthony J. Golden , Assistant Attorney General, Daytona Beach, for Appellee.


GRIFFIN, J.

Audrey Brooks ["Brooks"] appeals her judgment and sentence for organized fraud in excess of fifty thousand dollars, entered after the trial court revoked her probation. She contends that the trial court erred by revoking her probation because there was insufficient evidence to support the trial court's finding that she had the ability to pay restitution and willfully refused to do so. We agree and reverse.

On February 10, 2009, the State charged...

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