SHIRLEY G. BUCHANAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Delegation Of Judicial Authority cases and more on FLexlaw
HALL, Judge.
Appellant appeals the judgment and sentences she received for thirteen criminal offenses. A brief has been filed by appellant’s counsel pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493, reh’g denied, 388 U.S. 924, 87 S.Ct. 2094, 18 L.Ed.2d 1377 (1967), and appellant has filed a supplemental brief. After a thorough review of the record and briefs, we find no reversible error. However, we do find error in appellant’s probation orders in cases 83-8980, 83-8981, 83-8982, 83-9155, 83-9156, 83-9157, 83-9159, 84-770, 84-1013, and 84-3428, wherein restitution in an amount to be determined by appellant’s probation officer is listed as a condition of probation. The determination of the amount of restitution is a judicial responsibility which cannot be delegated to a probation officer. Fletcher v. State, 405 So. 2d 748 (Fla. 2d DCA 1981).
Accordingly, we remand the cases cited above with directions to the trial court to delete those portions of the probation orders stating that restitution shall be determined by the probation officer. CAMPBELL, A.C.J., and FRANK, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Alphonza Dority v. State, 489 So. 2d 1198 (Fla. 2d DCA 1986)…a public bar evidencing an intent to kill the victim.” On appeal, defendant contends the trial court’s reason for departure was improper. We agree. Premeditation is not a proper reason for deviation from the sentencing guidelines. Brown v. State, 483 So. 2d 537 (Fla. 2d DCA 1986). We find no merit to defendant’s other contention. Accordingly, we affirm defendant’s conviction for aggravated battery. We reverse his sentence for that offense and remand for resentencing within the presumptive guidelines se…
-
Traver v. State, 502 So. 2d 1009 (Fla. 2d DCA 1987)…sness invalid as inherent in sexual battery. Lerma. But, first district finds vulnerability valid in aggravated battery and trespass on property. Hadley v. State, 488 So. 2d 162 (Fla. 1st DCA 1986)). 5. Age disparity: Valid {Hadley; Brown v. State, 483 So. 2d 537, 539 (Fla. 2d DCA 1986)). 6. Severe physical injuries (victim 1): Invalid (already factored into scoresheet). 7. Permanent pain (victim 1): Invalid (no evidence in record on appeal). 8. Semi-invalid left helpless 15 hours (victim 2): Valid (goes…
-
Gaynor v. State, 505 So. 2d 467 (Fla. 2d DCA 1987)…es that the record does not support this departure ground. 9. The crimes showed planning and premeditation as evidenced by the use of gloves and the distance that the defendant had to travel from his home to commit the offenses. In Brown v. State, 483 So. 2d 537 (Fla. 2d DCA 1986), we determined that premeditation will not support departure from the guidelines. Accordingly, we remand for resentencing consistent with the guidelines. The trial court may consider departure, however, if it finds the crimes wer…1 / 2
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Potter v. California, 388 U.S. 924 (U.S. 1967)
- Fletcher v. State, 405 So. 2d 748 (Fla. 2d DCA 1981)