RALPH B. DOLAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RALPH B. DOLAN, APPELLANT,
STATE OF FLORIDA, APPELLEE
468 So. 2d 442
Florida District Court of Appeal, Second District (1985)
Caution
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We affirm appellant’s convictions and sentences. However, the trial court’s Amendment to Judgment which orders appellant to pay $1,500 in restitution pursuant to section 775.089(1), Florida Statutes (1981), is stricken since the trial court failed to consider the appellant’s ability to pay, his financial resources, or the burden that payment would impose upon him. See Harris v. State, 452 So. 2d 1041 (Fla. 2d DCA 1984); Turner v. State, 431 So. 2d 1017 (Fla. 4th DCA 1983). Subject to the notice requirements of Goodson v. State, 400 So. 2d 791 (Fla. 2d DCA 1981), the court may reimpose restitution pursuant to the mandates of the statute.
GRIMES, A.C.J., and SCHEB and FRANK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Amison v. State, 504 So. 2d 473 (Fla. 2d DCA 1987)…of the victim. Secondly, appellant argues that the court erred in imposing restitution without prior determination as to appellant’s ability to pay and consideration of other enumerated criteria, as required by section 775.-089(6). Dolan v. State, 468 So. 2d 442 (Fla. 2d DCA 1985). We agree and reverse and remand for proper hearing to determine appellant’s ability to pay. Appellant also raises several challenges to the imposition of costs. He first argues that the crime for which he was convicted occurred…
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Green v. State, 571 So. 2d 571 (Fla. 3d DCA 1990)…failed to present any evidence of the amount of the victim’s medical bills. Howren v. State, 510 So. 2d 1142 (Fla. 2d DCA 1987); Amison v. State, 504 So. 2d 473 (Fla. 2d DCA 1987); Thomas v. State, 517 So. 2d 132 (Fla. 4th DCA 1987); Dolan v. State, 468 So. 2d 442 (Fla. 2d DCA 1985). The restitution order is reversed by this court and remanded to the trial court with instructions to conduct a new hearing at which the State should be required to present evidence of damages, and the trial court should be requir…
Authorities Cited
- Goodson v. State, 400 So. 2d 791 (Fla. 2d DCA 1981)
- Harris v. State, 452 So. 2d 1041 (Fla. 2d DCA 1984)
- Turner v. State, 431 So. 2d 1017 (Fla. 4th DCA 1983)