ANTHONY MCDONALD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Delegation Of Judicial Authority cases and more on FLexlaw
RYDER, Chief Judge.
The trial court placed Anthony McDonald on probation for burglary and grand theft and ordered that he pay restitution as directed by his probation officer. From this order, he appeals. We affirm all orders of the trial court except that order directing the appellant to pay restitution as determined by his probation officer. Section 948.03(l)(e), Florida Statutes (1983), provides that a probationer shall make reparation or restitution “in an amount to be determined by the court.” (Emphasis added). It is reversible error for the trial court to delegate a judicial responsibility to a probation supervisor. J.J.S. v. State, 465 So. 2d 621, 622 (Fla. 2d DCA 1985); Fletcher v. State, 405 So. 2d 748, 749 (Fla. 2d DCA 1981). We, therefore, reverse and remand with instructions to conduct an evidentiary hearing to determine the amount and method for the payment of restitution.
Affirmed in part; reversed in part and remanded.
CAMPBELL and HALL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Denson v. State, 493 So. 2d 60 (Fla. 2d DCA 1986)…s will be made as directed by your Probation Officer.” By ordering the appellant to pay reparation as directed by a probation officer, the court improperly delegated its judicial responsibility and thus committed reversible error. McDonald v. State, 478 So. 2d 113 (Fla.2d DCA 1985); J.J.S. v. State, 465 So. 2d 621 (Fla.2d DCA 1985). Accordingly, we reverse and remand this case for resentencing. GRIMES, A.C.J., and PATTERSON, DAVID F., Associate Judge, concur.…
-
Bostic v. State, 504 So. 2d 794 (Fla. 2d DCA 1987)…tion that the trial court erred in delegating the determination of the amount of restitution to appellant’s probation officer. Mansell v. State, 498 So. 2d 604 (Fla. 2d DCA 1986); Denson v. State, 493 So. 2d 60 (Fla. 2d DCA 1986); McDonald v. State, 478 So. 2d 113 (Fla. 2d DCA 1985). Accordingly, we reverse the order of restitution and remand for a proper restitution hearing with instructions to the court to set a reasonable amount. Finally, appellant correctly argues that the trial court erred in assessing…
-
Brown v. State, 546 So. 2d 1156 (Fla. 5th DCA 1989)…ly, the judgment is affirmed but the sentence is reversed and the matter remanded to the trial court for further proceedings to determine the amount, if any, due the victim. See Bostic v. State, 504 So. 2d 794. (Fla. 2d DCA 1987); McDonald v. State, 478 So. 2d 113 (Fla. 2d DCA 1985); Huffman v. State, 472 So. 2d 469 (Fla. 1st DCA 1985). Judgment AFFIRMED; sentence VACATED; REMANDED. DAUKSCH and COBB, JJ., concur.…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- J.J.S. v. State, 465 So. 2d 621 (Fla. 2d DCA 1985)
- Fletcher v. State, 405 So. 2d 748 (Fla. 2d DCA 1981)