DEAN JAMES BUFORD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We have considered this appeal from a judgment of guilt and an order placing appellant on probation pursuant to the dictates of Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). After a review of the record, we have determined that condition (12) of the probation order requiring that appellant make restitution to the victim in an unspecified amount is improper and the same is hereby stricken. The conviction is affirmed but the cause is remanded to the trial court for a determination of the amount of restitution to be made after providing appellant notice and an opportunity to be heard. McClure v. State, 371 So. 2d 196 (Fla.2d DCA 1979); Fresneda v. State, 347 So. 2d 1021 (Fla. 1977).
ROBERT P. SMITH, Jr., Acting C. J., and ERVIN and BOOTH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Barfield v. State, 396 So. 2d 793 (Fla. 1st DCA 1981)…ithout abdicating his constitutional function ...” that warrants not issue but upon probable cause. Id. To the same effect, see Davis v. State, 346 So. 2d 141 (Fla. 1st DCA 1977); Weisberg v. State,' 348 So. 2d 385 (Fla.2d DCA 1977); Davis v. State, 376 So. 2d 479 (Fla. 1st DCA 1979). Clearly, the intrinsic evidence relating to the first disjunctive spur under the veracity prong did not establish the informant’s credibility. It remains to be seen, however, whether the information supplied by the informant wa…
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Wilson v. State, 407 So. 2d 1078 (Fla. 1st DCA 1982)…ns cited are those which reverse an order imposing a probationary condition of restitution without setting the amount, and remand so that the amount of restitution can be properly set. Hamm v. State, 403 So. 2d 1155 (Fla. 1st 1981); Buford v. State, 376 So. 2d 479 (Fla. 1st DCA 1979). Those cases, however, obviously involve direct and timely appeals from a trial court order setting the conditions of probation. While the court in this case should have specified the amount of restitution due, it is clear that…
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Booker T. Baker v. State, 379 So. 2d 1009 (Fla. 1st DCA 1980)…t to make restitution in an unspecified amount. The conviction of aggravated battery is affirmed but we remand for a determination of the amount of restitution to be made after providing appellant notice and opportunity to be heard. Buford v. State, 376 So. 2d 479 (Fla. 1st DCA 1979). MILLS, C. J., and McCORD and BOOTH, JJ., concur.…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Fresneda v. State, 347 So. 2d 1021 (Fla. 1977)
- McCLURE v. State, 371 So. 2d 196 (Fla. 2d DCA 1979)