Legal Opinion

Williams v. State

District Court of Appeal of Florida

Decided June 26, 2015No. 1D14-3969PublishedCited by 2 opinions

1Per curiam

The trial court extended and modified Appellant’s probation after finding that he violated probation by failing to make any' payments towards his substantial restitution obligation. We reverse because the trial court did not specifically find that Appellant had the ability to pay restitution and that he willfully failed to do so, and we . cannot infer such a finding from the trial court’s determination that Appellant violated his probation. See Del Valle v. State, 80 So.3d 999, 1011 (Fla.2011); Giambrone v. State, 109 So.3d 1279, 1280 (Fla. 1st DCA 2013). Because we are unable to determine…

2Cases cited3 opinions

  1. Del Valle v. StateSupreme Court of Florida · 2011
  2. MARZENDORFER v. StateDistrict Court of Appeal of Florida · 2009
  3. Giambrone v. StateDistrict Court of Appeal of Florida · 2013

3Cited by2 opinions

  1. Steven Earl Kimmons v. State of FloridaDistrict Court of Appeal of Florida · 2019
  2. Patricia Ann Banks v. State of FloridaDistrict Court of Appeal of Florida · 2019

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