VICTOR LEE GOODSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1981-06-10
No. 81-39
GRIMES and CAMPBELL, JJ., concur.
400 So. 2d 791 Florida District Court of Appeal, Second District (1981) Negative Treatment
Cited by 38 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Goodson challenged a restitution requirement imposed as a condition of probation without prior notice. The Florida appellate court held that while prior notice is one acceptable method to comply with the defendant's right to be heard on restitution, it is not the only permissible approach, and silent acceptance of restitution without objection does not require reversal.


Holding

A trial court may satisfy the requirement of affording a defendant a meaningful opportunity to be heard regarding restitution through either prior notice followed by an opportunity to be heard at sentencing, or by providing an opportunity to be heard after imposing restitution without advance notice, provided the defendant does not object or contest the order. If a defendant objects to restitution after the hearing begins without prior notice, the court must suspend the hearing to allow the defendant reasonable time to prepare and be heard.


Headnotes

[1] A trial court may impose restitution as a condition of probation without prior notice if the defendant is afforded a meaningful opportunity to be heard regarding the rest…

[2] A defendant's failure to object to restitution at the sentencing hearing waives the right to challenge the lack of prior notice.

Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Key Quotes

“the trial judge should give the defendant notice of the proposed restitution order and allow the defendant the opportunity to be heard as to the amount of damages or loss caused by his offense”

The court's summary of the holding in Fresneda, establishing that defendants have a right to be heard on restitution matters.

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Goodson entered a negotiated plea of nolo contendere to trafficking in stolen property as part of a plea bargain. The agreement stipulated two years o…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
SCHEB, Chief Judge.

SCHEB, Chief Judge.

Appellant challenges the trial court’s imposition of restitution as a condition of his probation.

Appellant, Victor Lee Goodson, entered a negotiated plea of nolo contendere to a charge of trafficking in stolen property. The plea bargain called for dismissal of a pending charge of grand theft and provided that Goodson be placed on probation for two years with a stipulation that he serve six months incarceration in a work release program. The trial court accepted Good-son’s plea on the basis outlined. The court, however, added a requirement that Goodson make restitution of $62.50 to his victim. Neither Goodson nor his counsel objected.

Goodson now appeals, citing Fresneda v. State, 347 So. 2d 1021 (Fla.1977), for the proposition that a trial court must furnish a defendant prior notice before imposing restitution as a condition of probation. We disagree.

In Fresneda the supreme court held that the trial court was not authorized to impose as a condition of probation a requirement that the defendant pay money to the victim of his crime in excess of the amount of damage the defendant caused to the victim. The court added that “. . . the trial judge should give the defendant notice of the proposed restitution order and allow the defendant the opportunity to be heard as to the amount of damages or loss caused by his offense.” Id. at 1022.

We do not read Fresneda as holding that prior notice is the only acceptable way to protect the defendant’s right to a meaningful opportunity to be heard. Prior notice to the defendant is one acceptable method, but to make it the only approved method could have the effect of diminishing the likelihood that a trial judge may be persuaded at the sentencing hearing to place a defendant on probation with the condition that he make restitution. The important objective of notice is to afford a defendant a meaningful opportunity to be heard before being required to pay money to the victim of his offense. In many cases a defendant will have no objection to restitution being imposed as one of the conditions of his probation. In these instances the court’s failure to provide notice should not make the order of restitution subject to reversal. Where, however, a defendant has not been furnished prior notice, and he objects to the court requiring restitution as a condition of his probation, he must be given an opportunity to be heard. This, of course, carries with it a requirement that the defendant be given a reasonable time to prepare.

Accordingly, we hold that a trial judge may notify the defendant prior to the sentencing hearing that restitution is a possibility. If he does so, and affords the defendant an opportunity to be heard, this would be sufficient compliance with the requirements of Fresneda. If, on the other hand, a trial judge does not furnish the defendant notice prior to the sentencing hearing and the defendant objects or otherwise contests the order of restitution, the trial judge must suspend the hearing for a reasonable time and allow the defendant to be heard on issues relevant to restitution.

In this case, Goodson was not denied an opportunity to be heard. Rather, he chose to silently accept the court’s resolution of the questions concerning the amount of restitution and his ability to pay that amount. Under these circumstances, the trial court’s order of restitution will not be reversed merely because the trial court did not furnish advance notice that restitution may be imposed as a condition of probation.

To the extent that our decision may be inconsistent with statements made in Stokes v. State, 377 So. 2d 766 (Fla. 2d DCA 1979); Kroenke v. State, 366 So. 2d 46 (Fla. 2d DCA 1979); DiOrio v. State, 359 So. 2d 45 (Fla. 2d DCA 1978); Latti v. State, 364 So. 2d 828 (Fla. 2d DCA 1978), we recede from such statements.

Accordingly, we affirm the order placing the appellant on probation with the special condition that he make restitution.

GRIMES and CAMPBELL, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (18 total)

  • Myren Wayne Larson v. State, 572 So. 2d 1368 (Fla. 1991)
    …2d 556 (Fla.1985). The same logic applies equally to illegal conditions of probation. Miller v. State, 407 So. 2d 959, 960 (Fla. 4th DCA 1981); DiOrio v. State, 359 So. 2d 45, 46 (Fla. 2d DCA 1978), receded from on other grounds, Goodson v. State, 400 So. 2d 791 (Fla. 2d DCA 1981). As defined in Black’s Law Dictionary 1082 (5th ed. 1979), probation is “[a] sentence releasing the defendant into the community under the supervision of a probation officer” (emphasis added). We ourselves have characterized proba…
  • Johnson v. State, 942 So. 2d 415 (Fla. 2d DCA 2006)
    …the allotted time. “Rather, he chose to silently accept the court’s resolution of the questions concerning the amount of restitution .... Under these circumstances, the trial court’s order of restitution will not be reversed.... ” Goodson v. State, 400 So. 2d 791, 793 (Fla. 2d DCA 1981). Because Johnson failed to object, despite notice and an opportunity, he waived any right he may have had to a further restitution hearing.1 In conclusion, we affirm the trial court’s order denying Johnson’s ineffective assi…
  • Fletcher v. State, 405 So. 2d 748 (Fla. 2d DCA 1981)
    …ount 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 probationer who has been placed on probation with a period…

Previewing 3 of 18 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw