CHARLES ALLEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CHARLES ALLEN, APPELLANT,
STATE OF FLORIDA, APPELLEE
718 So. 2d 1264
Florida District Court of Appeal, Second District (1998)
Positive Treatment
Cited by 5 cases
Opinion of the Court
BLUE, Judge.
Charles Allen appeals his conviction for third-degree grand theft. Finding no reversible error, we affirm his conviction. However, as the State concedes, the trial court erred in imposing a $100 restitution award without a hearing. See Trice v. State, 655 So. 2d 1270 (Fla. 2d DCA 1995) (reversing restitution that was imposed without affording defendant notice or opportunity to be heard on the amount). Accordingly, we affirm the conviction but reverse the restitution order and remand for a hearing.
Conviction affirmed; restitution order reversed; remanded.
CAMPBELL, A.C.J., and CASANUEVA, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
del Valle v. State, 80 So. 3d 999 (Fla. 2011)…tion is imposed, to determine the amount owed to the victim as well as the defendant’s ability to pay.... Subsections 775.089(6) and (7) require a hearing to determine both the defendant’s ability to pay and the amount owed.” (citing Allen v. State, 718 So. 2d 1264 (Fla. 2d DCA 1998); Faulkner v. State, 620 So. 2d 794 (Fla. 1st DCA 1993); Burch v. State, 617 So. 2d 846 (Fla. 4th DCA 1993); Denmark v. State, 588 So. 2d 324 (Fla. 4th DCA 1991))). . Sections 985.437 and 985.0301, Florida Statutes (2011), pertain…
-
Iaconetti v. State, 869 So. 2d 695 (Fla. 2d DCA 2004)…agree. Section 775.089(7), Florida Statutes (2002), requires the trial court to hold a hearing before restitution is imposed to determine the amount of restitution. See also Exilorme v. State, 857 So. 2d 339, 340 (Fla. 2d DCA 2003); Allen v. State, 718 So. 2d 1264, 1265 (Fla. 2d DCA 1998). The defendant is entitled to notice of this hearing and an opportunity to be heard. Trice v. State, 655 So. 2d 1270, 1271 (Fla. 2d DCA 1995). It is reversible error to impose restitution without notice or hearing. Exilorme,…
-
Wright v. State, 739 So. 2d 1230 (Fla. 1st DCA 1999)…’ and possible sexual exploitation by adults and has employed the least intrusive means in order to accomplish that goal,” the statute does not violate a person’s right to privacy and is constitutional. Walborn, 729 So. 2d at 506; State v. Pawloski, 718 So. 2d 1264 (Fla. 2d DCA 1998) (citing Cunningham and reversing trial court’s ruling that § 794.05 is unconstitutional violation of right to privacy). The court in Walborn reversed the trial court’s order dismissing Walborn’s information and remanded for furthe…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Trice v. State, 655 So. 2d 1270 (Fla. 2d DCA 1995)