JERRY REEVES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The Florida appellate court held that a trial court improperly imposed restitution as a condition of probation without providing the defendant prior notice or an opportunity to be heard. The court affirmed the conviction but struck the restitution requirement and remanded for reconsideration with proper procedures.
The trial court's imposition of restitution was improper due to lack of prior notice to the defendant, denying him an opportunity to be heard. Courts must consider a defendant's financial resources and the burden of payment before imposing restitution. The conviction was affirmed, but the restitution requirement was struck and remanded for reconsideration with adequate notice.
[1] Imposing restitution as a condition of probation without prior notice to the defendant is improper, as it denies the defendant an opportunity to be heard on the issue.
[2] A court must provide a defendant with adequate notice before imposing restitution as a condition of probation.
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Join FLexlaw to unlock all legal intelligence“the trial court's imposition of restitution as a condition of probation was improper since there was no prior notice to the defendant, thus denying him an opportunity to be heard on that issue”
Establishes the core holding that due process requires notice and hearing before imposing restitution.
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Join FLexlaw to unlock all legal intelligenceJerry Reeves was convicted of two counts of grand larceny of cattle. The trial court sentenced him to five years probation and six months in county ja…
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SCHEB, Judge.
In this appeal we hold that the trial court’s imposition of restitution as a condition of probation was improper since there was no prior notice to the defendant, thus denying him an opportunity to be heard on that issue.
After the defendant, Jerry Reeves, was convicted of two counts of grand larceny of cattle, the trial court placed him on probation for five years and ordered him to serve six months in the county jail. Additionally, the court ordered Reeves to make restitution of $5,000.
Neither the state nor trial court notified Reeves of any proposed restitution; rather, the matter was included at the state’s suggestion at the conclusion of the sentencing hearing. Reeves protested. Since there was no notice to the defendant, the order requiring restitution was improper. Fresneda v. State, 347 So. 2d 1021 (Fla.1977); Latti v. State, 364 So. 2d 828 (Fla.2d DCA 1978).
Section 948.03(l)(g), Florida Statutes (1977), expressly provides that restitution may be made a condition of probation.1 In imposing restitution, however, a court is required to consider a defendant’s financial resources and the burden that payment will impose upon him. Section 775.089, Florida Statutes (1977). In this case Reeves was understandably not prepared to face the issue of restitution. His counsel protested, contending that Reeves was indigent and unable to make restitution. The trial court’s determination to proceed without notice and over defendant’s objection deprived Reeves of full consideration by the court of the factors contemplated by Section 775.089. We have examined the other points urged by defendant and find them to be without merit.
Accordingly, we affirm the judgment of conviction and amend the order of probation by striking the requirement of restitution. Otherwise, the order of probation is affirmed. We remand to the trial court which may, upon adequate notice to Reeves, reconsider the question of whether restitution should be imposed as a condition of his probation.
BOARDMAN, Acting C. J., and OTT, J., concur. . Restitution serves a two-fold purpose in the criminal justice system: it aids the victim and forces the offender to consider the injury he has caused the victim as well as the state. See L. H. DeWolf, Crime and Justice in America 191-95 (1975).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Ballance v. State, 447 So. 2d 974 (Fla. 1st DCA 1984)…nsibility, see Fresneda v. State, 347 So. 2d 1021 (Fla.1977); Hamm v. State, 403 So. 2d 1155 (Fla. 1st DCA 1981), so also is the determination of the defendant’s ability to pay. Fletcher v. State, 405 So. 2d 748 (Fla. 2nd DCA 1981); Reeves v. State, 372 So. 2d 1016 (Fla. 2nd DCA 1979); cf. Haynes v. State, 441 So. 2d 661 (Fla. 1st DCA 1983). The state contends that the defendant’s complaints regarding this aspect of the restitution order are premature and that this court should not consider the questions rais…
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GAY v. State, 432 So. 2d 602 (Fla. 2d DCA 1983)…pril 16, 1981). . However, we commend to the court the following cases as being instructive on the requirements on restitution. Fresneda v. State, 347 So. 2d 1021 (Fla. 1977); Edwards v. State, 422 So. 2d 24 (Fla. 2d DCA 1982); and Reeves v. State, 372 So. 2d 1016 (Fla. 2d DCA 1979).…
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Fletcher v. State, 405 So. 2d 748 (Fla. 2d DCA 1981)…t afford Fletcher an opportunity to be heard on the amount of damages caused by his criminal conduct and the reasonableness of the amount of restitution in light of his ability to pay. Fresneda v. State, 347 So. 2d 1021 (Fla. 1977); Reeves v. State, 372 So. 2d 1016 (Fla. 2d DCA 1979); Goodson v. State, 400 So. 2d 791 (Fla. 2d DCA 1981). We also note that since the trial court sentenced Fletcher, the Supreme Court of Florida has decided Villery v. State, 396 So. 2d 1107 (Fla. 1980).1 Villery holds that a proba…
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- Fresneda v. State, 347 So. 2d 1021 (Fla. 1977)
- Latti v. State, 364 So. 2d 828 (Fla. 2d DCA 1978)