FARLEY GILBERT A/K/A JESSIE GREEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
FARLEY GILBERT A/K/A JESSIE GREEN, APPELLANT,
STATE OF FLORIDA, APPELLEE
600 So. 2d 557
Florida District Court of Appeal, Fifth District (1992)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We affirm the sentences imposed in this case, but reverse the restitution order wherein the trial court improperly delegated its authority to determine the amount of restitution to the probation officer. Bowen v. State, 590 So. 2d 1067 (Fla. 5th DCA 1991); Williams v. State, 553 So. 2d 797 (Fla. 5th DCA 1989); Waller v. State, 550 So. 2d 1190 (Fla. 5th DCA 1989); Brown v. State, 546 So. 2d 1156 (Fla. 5th DCA 1989). Upon remand, the defendant shall be afforded prior notice and an opportunity to be heard on the imposition of restitution. Fitzpatrick v. State, 553 So. 2d 396 (Fla. 5th DCA 1989).
AFFIRMED in part; REVERSED in part.
GOSHORN, C.J., and W. SHARP and PETERSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Myers v. State, 605 So. 2d 1019 (Fla. 5th DCA 1992)…uilt and Placing Defendant on Probation that contained the order of restitution, and remand for a hearing on the amount of damages suffered by the victim. A defendant is entitled to notice and opportunity to be heard on that issue. Gilbert v. State, 600 So. 2d 557 (Fla. 5th DCA 1992); Fitzpatrick v. State, 553 So. 2d 396 (Fla. 5th DCA 1989). AFFIRMED in part; QUASHED in part; REMANDED. COBB and DIAMANTIS, JJ., concur.…
Authorities Cited
- Brown v. State, 546 So. 2d 1156 (Fla. 5th DCA 1989)
- Waller v. State, 550 So. 2d 1190 (Fla. 5th DCA 1989)
- Williams v. State, 553 So. 2d 797 (Fla. 5th DCA 1989)
- Keegan v. State, 553 So. 2d 797 (Fla. 5th DCA 1989)
- Fitzpatrick v. State, 553 So. 2d 396 (Fla. 5th DCA 1989)
- Bowen v. State, 590 So. 2d 1067 (Fla. 5th DCA 1991)