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WOMBLES v. STATE

No. 79-517.

375 So.2d 1153 (1979)

Mae M. WOMBLES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

October 17, 1979.

Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, Paul C. Helm, Asst. Public Defender, and James B. Ashford, Legal Intern, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee.

OTT, Judge.

A jury found appellant guilty of welfare fraud. At the sentencing hearing the trial judge imposed restitution as one of the conditions of probation. We find that restitution was imposed in violation of the notice and opportunity to be heard requirements of Fresneda v. State, 347 So.2d 1021 (Fla. 1977) and this court's decisions in DiOrio v. State, 359 So.2d 45 (Fla. 2d...

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