Kinlaw v. State

COBB, Judge.

The appellant, Martha Ellen Kinlaw, was convicted of retail theft and assault. On appeal, she contends the trial court erred in three respects: (1) in elevating her theft conviction to a third degree felony absent a statutory reference to felony petty theft in the charging document; (2) in imposing restitution without considering her ability *1243to pay; and (3) in imposing an order of probation which did not conform to oral pronouncements made in open court.

We find no record support for the first and second issues. See Flarity v. State, 527 So.2d 295 (Fla. 5th DCA 1988). The…