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527 So. 2d 938

527 So.2d 938

13 Fla.L.Weekly 1531

Williams v. State

District Court of Appeal of Florida · decided 1988-06-30

Relies on 519 So. 2d 618 - Mays v. State · Ballance v. State · 520 So. 2d 664 - McCaskill v. State

Decided 1988-06-30

PER CURIAM.

¶1The state concedes that the trial court’s sentencing order directing appellant to pay restitution “as determined by probation and parole” violates McCaskill v. State, 520 So.2d 664 (Fla. 1st DCA 1988) and Ballance v. State, 447 So.2d 974 (Fla. 1st DCA 1984). The state also concedes that prior to imposing court costs, the lower court failed to make a determination of appellant’s ability to pay, thereby violation Mays v. State, 519 So.2d 618 (Fla.1988).

¶2This case is remanded to the trial court with directions that appellant be resen-tenced in accordance with the foregoing authority.

THOMPSON, NIMMONS and BARFIELD, JJ., concur.
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