Opinion
No. 91-02822.
June 19, 1992.
Appeal from the Circuit Court, Sarasota County, James W. Whatley, J.
James Marion Moorman, Public Defender, and Kevin Briggs, Asst. Public Defender, Bartow, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Peggy A. Quince, Asst. Atty. Gen., Tampa, for appellee.
We affirm the appellant's judgments and sentences. The appellant contends, and the appellee agrees, that the trial court erred in imposing restitution without allowing the appellant to present evidence concerning his ability to pay. Pope v. State, 575 So.2d 307 (Fla. 2d DCA 1991). Accordingly, we reverse the restitution order and remand for another restitution hearing.
SCHOONOVER, C.J., and HALL and ALTENBERND, JJ., concur.