EDWARD GIBBONS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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.
The court held that restitution cannot be imposed without advance notice and an opportunity to be heard, especially when the crime predates a statutory amendment changing the notice requirement.
Appellant was convicted of murder and attempted murder and ordered to pay restitution as part of his sentence. The crimes were committed before the ef…
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.
Explore caselaw by topic → Browse Retroactivity cases and more on FLexlaw
GRIMES, Acting Chief Judge.
Appellant was convicted and sentenced on February 25, 1985, for second degree murder and attempted first degree murder for crimes committed on March 28, 1984. As part of his sentence for attempted first degree murder, appellant was ordered to pay $2,500 restitution. The subject of restitution was first raised by the trial judge at sentencing. Appellant argues that the court erred in imposing restitution without advance notice to allow the appellant an opportunity to be heard.
This court in Gilmore v. State, 479 So. 2d 791 (Fla. 2d 1985), has recently held that advance notice is no longer required before imposing restitution because section 775.089, Florida Statutes (Supp.1984), provides that restitution shall be considered as a part of every sentencing. We note, however, that appellant committed the crimes before the effective date of the amendment to section 775.-089, October 1, 1984. Ch. 84-363, § 17, Laws of Fla. The statute in effect at the time of the commission of the crime, rather than at the time of sentencing, is the controlling statute. Ellis v. State, 298 So. 2d 527 (Fla. 2d DCA), cert. denied, 298 So. 2d 411 (Fla.1974). Therefore, the authority for requiring appellant to make restitution was derived from section 775.089, Florida Statutes (1983), which has been interpreted to require notice and an opportunity to be heard before restitution may be imposed as part of a sentence. Harris v. State, 452 So. 2d 1041 (Fla. 2d DCA 1984).
We reverse the order of restitution and remand for reconsideration of that issue upon proper notice. Otherwise, the judgments and sentences are affirmed.
CAMPBELL and FRANK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Gilford v. State, 487 So. 2d 53 (Fla. 2d DCA 1986)…h was October 1, 1984. Chapter 84-363, section 17, Laws of Florida. Therefore, section 775.089, Florida Statutes (1983) was still in effect and requires notice and an opportunity to be heard before restitution [*55] can be imposed. Gibbons v. State, 479 So. 2d 284 (Fla. 2d DCA 1985); Harris v. State, 452 So. 2d 1041 (Fla. 2d DCA 1984). Appellee argues that appellant was not entitled to notice and a hearing before imposition of restitution on revocation of community control since restitution was initially ord…
-
Hudson v. State, 496 So. 2d 888 (Fla. 2d DCA 1986)…e was section 775.089, Florida Statutes (1983). This court has consistently held that prior to the amendment of the statute effective October 1,1984, notice and opportunity to be heard is required before restitution can be imposed. Gibbons v. State, 479 So. 2d 284, 285 (Fla. 2d DCA 1985); Harris v. State, 452 So. 2d 1041, 1042 (Fla. 2d DCA 1984). Appellant was not given notice and an opportunity to be heard before the imposition of restitution. [*889] We reverse the order of restitution and remand for reconsi…
Authorities Cited
- Ellis v. State, 298 So. 2d 527 (Fla. 2d DCA 1974)
- McLAIN v. Palm Beach Cnty., 479 So. 2d 791 (Fla. 4th DCA 1985)
- Harris v. State, 452 So. 2d 1041 (Fla. 2d DCA 1984)
- Eston Bullard v. State, 298 So. 2d 411 (Fla. 1974)
- Fashions v. Mildred A. Bluh & the Indus. Relations Comm'n, 298 So. 2d 411 (Fla. 1974)