DEL VALLE V. STATE

Annotate this Case

Download PDF

Third District Court of Appeal State of Florida, July Term, A.D. 2008 Opinion filed October 23, 2008. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D08-2187 Lower Tribunal Nos. 06-29159; 06-37940 ________________ Carlos Del Valle, Appellant, vs. The State of Florida, Appellee. An Appeal from the Circuit Court for Miami-Dade County, Spencer Eig, Judge. Bennett H. Brummer, Public Defender, and Robert Godfrey, Assistant Public Defender, for appellant. Bill McCollum, Attorney General, and Heidi Milan Caballero, Assistant Attorney General, for appellee. Before WELLS, SHEPHERD, and ROTHENBERG, JJ. PER CURIAM. Affirmed. See Gonzales v. State, 909 So. 2d 960, 960 (Fla. 3d DCA 2005) ( If the probationer s defense is inability to pay, it is incumbent upon the probationer or offender to prove by clear and convincing evidence that he or she does not have the present resources available to pay restitution or the cost of supervision despite sufficient bona fide efforts legally to acquire the resources to do so. § 948.06(5), Fla. Stat. (2004) ). 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.