CLAUDETTE CANLEY, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• J.J.S. v. State, 465 So. 2d 621 (Fla. 2d DCA 1985)
  …; Glanton v. State, 415 So. 2d 909 (Fla. 2d DCA 1982) We also agree with the appellant that it was reversible error for the lower court to order that the amount and manner of restitution be determined by the appellant’s counselor. In T.W. v. State, 395 So. 2d 598 (Fla. 3d DCA 1981), our sister court held it was reversible error for the trial court to delegate a judicial duty to a juvenile’s counselor i.e. determining the amount and manner of restitution. This court also recognized that principle in Fletcher…
• M.A.R. v. State, 433 So. 2d 29 (Fla. 5th DCA 1983)
  …rd both as to the appropriate amount of restitution to be made and as to the exact method and terms of payment. These matters must be adjudicated by the judge and cannot be delegated. See Fresneda v. State, 347 So. 2d 1021 (Fla.1977); T.W. v. State, 395 So. 2d 598 (Fla. 3d DCA 1981); E.Y. v. State, 390 So. 2d 776 (Fla. 3d DCA 1980); Kroenke v. State, 366 So. 2d 46 (Fla. 2d DCA 1979). We do not agree that the trial judge may not order restitution in this case merely because he did not find appellant guilty o…
• O.L. v. State, 497 So. 2d 971 (Fla. 3d DCA 1986)
  …A trial court may not, however, delegate its judicial authority to the parties to determine the amount or manner of restitution. See F.R. v. State, 473 So. 2d 785 (Fla. 2d DCA 1985); J.J.S. v. State, 465 So. 2d 621 (Fla. 2d DCA 1985); T.W. v. State, 395 So. 2d 598 (Fla. 3d DCA 1981). Since the trial court impermis-sibly delegated to the parties the authority to determine the manner of payment, and considering that the amount that O.L. will be required to pay per period has a bearing on the reasonableness of t…

Authorities Cited

• Randolph v. State, 292 So. 2d 374 (Fla. 3d DCA 1974)
• White v. State, 301 So. 2d 464 (Fla. 1st DCA 1974)
• Adams v. State, 330 So. 2d 505 (Fla. 1st DCA 1976)