Costello v. State

McNULTY, JOSEPH P., Associate Judge.

This is a violation of probation case in which appellant appeals the revocation of his probation for failure to pay the restitution imposed as a condition thereof. We reverse.

Appellant was the sole witness at the revocation hearing at which his only defense was his inability to pay.1 Needless to say, therefore, that while appellant admitted his failure to pay [thus obviating the burden on the state to establish it pursuant to section 948.06(4), Florida Statutes (1989) ], all the evidence was in support of that defense.

Notwithstanding, the trial court…