WILL OTIS POPE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Probation Conditions cases and more on FLexlaw
PER CURIAM.
Pope appeals from his conviction of burglary and grand larceny with sentence imposed of five years and three years probation, respectively. As a condition of probation, the appellant, previously adjudicated insolvent, was required to pay restitution, court costs, and police academy costs. This action was proper. Arnold v. State, 356 So. 2d 862 at 863 (Fla. 1st DCA 1978). Appellant also alleges that he was not provided notice and an opportunity to be heard regarding the amount of restitution in accordance with Fresneda v. State, 347 So. 2d 1021 (Fla.1977). However, appellant and his counsel were present when restitution was imposed but they failed to object or otherwise present the issue to the trial court. As a consequence, it is impossible to determine from the record that notice was not given. Accordingly, the judgment is affirmed.
MILLS, Acting C. J., and ERVIN, J., and MASON, ERNEST E., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Barlow v. State, 388 So. 2d 349 (Fla. 5th DCA 1980)…tion 948.03(l)(g), Florida Statutes, requires the “amount to be determined by the court.” In Fresneda, however, there was a motion directed to the trial court to correct an illegal sentence. That was not done in the instant case. See Pope v. State, 368 So. 2d 676 (Fla. 1st DCA 1979). We believe that objections to trial court sentences, such as appellant raises here, first should be raised before the trial court. See Jones v. State, 384 So. 2d 956 (Fla. 5th DCA 1980) and Smith v. State, 378 So. 2d 313 (Fla. 5…
-
Blincoe v. State, 371 So. 2d 595 (Fla. 1st DCA 1979)…ERVIN, Judge. Unlike Pope v. State, 368 So. 2d 676 (Fla. 1st DCA 1979), where we affirmed a special condition in an order of probation requiring restitution because the record did not show that notice of the proposed restitution was not given, the record here is sufficiently clear that no notice was…
-
Barlow v. State, 390 So. 2d 165 (Fla. 5th DCA 1980)…nditions of probation requires that the amount of restitution be determined by the court. In Fresneda, however, there was a motion directed to the trial court to correct an illegal sentence. That was not done in the instant case. See Pope v. State, 368 So. 2d 676 (Fla. 1st DCA 1979). Objections to trial court sentences such as appellant raises here should be raised first before the trial court. See Jones v. State, 384 So. 2d 956 (Fla. 5th. DCA 1980), and Smith v. State, 378 So. 2d 313 (Fla. 5th DCA 1980). W…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Fresneda v. State, 347 So. 2d 1021 (Fla. 1977)
- Arnold v. State, 356 So. 2d 862 (Fla. 1st DCA 1978)