NORMAN DAVID POLLREISZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant seeks review of a probation order requiring restitution of an amount equal to the full value of the aggregate thefts committed by appellant and a co-defendant. We affirm the order appealed.
Appellant has been placed on probation with a requirement that he make full restitution, while his co-defendant has been sentenced to a term of imprisonment with no requirement of restitution. We find no error in this procedure. Of course, a probationer may not be required to make restitution in excess of the amount of damage caused by his criminal conduct. Fresneda v. State, 347 So. 2d 1021 (Fla.1977). But where criminal activity is undertaken in concert with others, the method of pro-rating any required restitution is a matter within the discretion of the trial judge. Cf., B. A. D. v. State, 379 So. 2d 1311 (Fla. 1st DCA 1980). We find no abuse of discretion in the circumstances of the present case.
The order appealed is affirmed.
McCORD, LARRY G. SMITH and WENTWORTH, JJ., concur.
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Spivey v. State, 531 So. 2d 965 (Fla. 1988)…[*967] opinion in this case, has also recognized that it is within the discretion of the trial court to apportion restitution or to require that one defendant pay the full amount of restitution without assessing an accomplice. In Pollreisz v. State, 406 So. 2d 1297 (Fla. 1st DCA 1981), one codefendant was placed on probation and required to pay full restitution, while the other codefendant was sentenced to a prison term but not required to pay restitution. The court held that “where criminal activity is undert…
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A.G. v. State, 718 So. 2d 854 (Fla. 4th DCA 1998)…fense involving the burglary. Where criminal activity is undertaken in concert, the method of pro-rating restitution is a matter soundly within the trial court’s discretion. See Woods v. State, 418 So. 2d 401 (Fla. 1st DCA 1982); Pollreisz v. State, 406 So. 2d 1297 (Fla. 1st DCA 1981). Next appellant contends that it was error to impose restitution for two items of jewelry, i.e., a man’s lion head two caret diamond ring and a woman’s diamond ring, in the absence of anything more than the victim’s testimony as…
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Woods v. State, 418 So. 2d 401 (Fla. 1st DCA 1982)…recovered, plus 15% interest per year. Appellant contends that since all of the goods that he stole were recovered, he should not be made to pay restitution for the unrecov-ered goods for which Melton was responsible. However, in Pollreisz v. State, 406 So. 2d 1297 (Fla. 1st DCA 1981), as here, the appellant appealed a probation order requiring that he make restitution of an amount equal to the full value of the aggregate thefts committed by appellant and a co-defendant while the co-defendant was sentenced to…
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- Fresneda v. State, 347 So. 2d 1021 (Fla. 1977)
- B. A. D. v. State, 379 So. 2d 1311 (Fla. 1st DCA 1980)
- Wallace v. Walton Context Bldg. & United States Fid. & Guar. Co., 379 So. 2d 1311 (Fla. 1st DCA 1980)