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STAWICKI v. STATE

No. 94-951.

654 So.2d 222 (1995)

Theodore STAWICKI, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

April 21, 1995.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and Richard Parker, Asst. Atty. Gen., Dept. of Legal Affairs, Tallahassee, for appellee.

BOOTH, Judge.

This cause is before us on appeal from a probation modification order setting restitution after a hearing on same.1 At the hearing, after learning that appellant Stawicki was unemployed, the trial court stated: "Probation officer will determine his [Stawicki's] ability to pay if and when he gets a job." Had that suggested delegation of authority been included in the order under review, we would be required to reverse.

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