Smith v. State

ON MOTION FOR REHEARING

JOANOS, Chief Judge.

Appellant seeks rehearing of this court’s per curiam affirmance without written decision, in which we affirmed the trial court’s order on restitution. On appeal, appellant contended the trial court erred in ordering restitution without inquiring into his ability to pay, and in requiring appellant to comply with a payment schedule to be developed by his probation officer. As grounds for rehearing, appellant maintains the court’s per curiam affirmance makes no sense, in light of the parties’ agreement that the trial court ordered appellant to comply…