MICHAEL PAUL CORADI, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the defendant's conviction and sentence for armed robbery, holding that the constitutional challenge to the civil restitution lien statute was not properly preserved for appellate review and that no valid lien was imposed without a separate written order.
A civil restitution lien is not effective unless imposed by a separate written order pursuant to statute, and constitutional challenges to restitution statutes must be properly presented to the trial court to be preserved for appeal.
[1] A civil restitution lien under Florida Statutes section 960.292(3) requires a separate written order and is not effective based solely on an oral assessment or reference…
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Join FLexlaw to unlock all legal intelligenceMichael Paul Coradi pleaded nolo contendere to strong-armed robbery and was sentenced to 48 months incarceration with restitution of $17.59 and an ora…
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CAMPBELL, Acting Chief Judge.
Appellant, Michael Paul Coradi, entered a negotiated plea of nolo contendere to a charge of strong-armed robbery. The trial judge accepted appellant’s plea and sentenced him to forty-eight months incarceration. In addition, restitution in the amount of $17.59 to the Spur Station was ordered, and a $10,000.00 civil restitution lien was orally assessed pursuant to section 960.293, Florida Statutes (Supp.1994). Appellant argues that the Florida Civil Restitution Lien and Crime Victims Remedy Act of 1994, sections 960.29 through 960.297, Florida Statutes (Supp.1994), is unconstitutional. We decline to address the constitutionality of that statute since that issue was not properly presented to the trial court and, therefore, was not preserved for review. See Nevels v. State, — So. 2d -[1995 WL 733070], 20 Fla.Law Weekly D2748 (Fla. 2d DCA Dec. 13,1995).
We also note that the record in this case does not contain an order imposing the restitution lien. The $10,000.00 referred to in the plea agreement does not constitute a restitution lien unless a separate order is entered imposing the lien pursuant to section 960.292(3), Florida Statutes (Supp.1994). See Snyder v. State, 664 So. 2d 1073 (Fla. 2d DCA 1995); Holley v. State, 666 So. 2d 222 (Fla. 2d DCA 1995).
Accordingly, we affirm the judgment and sentence of the trial court.
PARKER and PATTERSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Lacretia Anne Holley v. State, 666 So. 2d 222 (Fla. 2d DCA 1995)
- Snyder v. State, 664 So. 2d 1073 (Fla. 2d DCA 1995)