Bradford Williams vs State of Florida

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA BRADFORD WILLIAMS, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D14-3969 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed June 26, 2015. An appeal from the Circuit Court for Gadsden County. Jonathan E. Sjostrom, Judge. Nancy A. Daniels, Public Defender, and Joel Arnold, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Matthew Pavese, Assistant Attorney General, Tallahassee, for Appellee. PER 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 whether the trial court would have imposed the same sentence for the other violation found by the court, we remand for further proceedings. See Marzendorfer v. State, 16 So. 3d 957, 958 (Fla. 1st DCA 2009). REVERSED and REMANDED for further proceedings. WOLF, WETHERELL, and BILBREY, JJ., CONCUR. 2

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