Skipper v. State

VILLANTI, Chief Judge.

Michael Skipper seeks review of the order finding him in violation of his probation for one count of third-degree grand theft. Because the State presented no evidence that Skipper had the ability to pay restitution but willfully failed to do so, the State failed to prove that, Skipper had violated his probation. Therefore, we reverse the order of revocation and remand with directions.

In March 2011, Skipper pleaded no contest to one count of third-degree grand theft in exchange for a sentence of thirty months’ probation. His probation included a special condition that he…