TIMOTHY HELTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
TIMOTHY HELTON, APPELLANT,
STATE OF FLORIDA, APPELLEE
627 So. 2d 56
Florida District Court of Appeal, Second District (1993)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Timothy Helton appeals from the trial court’s restitution order which states that the amount of restitution is to be determined by the Department of Corrections. We agree with the appellant that only the trial court may determine the amount of restitution and it cannot delegate this responsibility to a nonjudicial officer. See Bryant v. State, 600 So. 2d 547 (Fla.2d DCA 1992); Snyder v. State, 597 So. 2d 384 (Fla.2d DCA 1992).
Accordingly, we remand to the trial court to determine the amount of restitution.
PARKER, A.C.J., BLUE, J., and LUTEN, CLAIRE K., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Baque v. State, 653 So. 2d 1105 (Fla. 3d DCA 1995)…ction 782.04(2), not 782.04(1). We therefore remand for the sole purpose of correcting this clerical error. See Cook v. State, 632 So. 2d 86, 87 (Fla. 3d DCA 1994). The defendant need not be present when this correction is made. See Oliver v. State, 627 So. 2d 56, 57 (Fla. 2d DCA 1993). Affirmed; remanded for the entry of a corrected judgment.…
Authorities Cited
- Snyder v. State, 597 So. 2d 384 (Fla. 2d DCA 1992)
- Bryant v. State, 600 So. 2d 547 (Fla. 2d DCA 1992)