MITCHELL M. MANSELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a trial court cannot delegate the determination of restitution amounts solely to a presentence investigation report.
The defendant was convicted of burglary and grand theft and ordered to pay restitution. The trial court based the restitution amount solely on a prese…
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SCHEB, Acting Chief Judge.
Defendant Mitchell M. Mansell was convicted of burglary of a dwelling and grand theft. In addition to sentencing the defendant to three years’ imprisonment, the court ordered him to make restitution.
The court based the restitution amount on a presentence investigation report prepared by the Florida Parole and Probation Commission. The defendant objected to the amount and a hearing was held in which the trial judge awarded the amount of $2,871.40 as recommended by the pre-sentence investigation report. We agree with the defendant that the court erred.
The amount of restitution is a determination to be made exclusively by the trial court and cannot be delegated. McClure v. State, 371 So. 2d 196 (Fla. 2d DCA 1979). By relying solely on the pre-sentence investigation report, the trial court improperly delegated its exclusive responsibility. McClure.
Accordingly, we vacate the restitution order and remand for the imposition of restitution to be determined by the trial court. On remand, the state will have the burden of demonstrating the amount of loss sustained by the victim as a result of the offense in accordance with section 775.-089(7), Florida Statutes (1985).
RYDER and SCHOONOVER, JJ., concur.
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Citator
Cited By (12 total)
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Palmer v. Dep't of Health & Rehabilitative Servs., 547 So. 2d 981 (Fla. 5th DCA 1989)…t of Health and Rehabilitative Services, 523 So. 2d 1164 (Fla.5th DCA), rev. denied, 531 So. 2d 1353 (Fla.1988). . Padgett v. Department of Health and Rehabilitative Services, 543 So. 2d 1317 (Fla.5th DCA 1989). .See also In re Interest of J.J.C., 498 So. 2d 604 (Fla.2d DCA 1986) (the court recognized the concept of prospective neglect as a basis to terminate parental rights where the mother was found to be a chronic schizophrenic. Her condition was basically untreatable, and rendered her incapable of effec…
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Thomas v. State, 581 So. 2d 992 (Fla. 2d DCA 1991)…d to determine the amount of restitution if there is no proper objection to that evidence, the appellant in this case made a proper objection, and it should have been sustained. Flanagan v. State, 536 So. 2d 275 (Fla. 2d DCA 1988); Mansell v. State, 498 So. 2d 604 (Fla. 2d DCA 1986). See also Fleming v. State, 547 So. 2d 668 (Fla. 1st DCA 1989). The gun shop owner and his employee might have been qualified to give an opinion as to the value of the guns, and the books they referred to might have supplied the p…
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Bostic v. State, 504 So. 2d 794 (Fla. 2d DCA 1987)…Spivey v. State, 501 So. 2d 698 (Fla. 2d DCA 1987). Nevertheless, we must agree with appellant’s contention 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…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- McCLURE v. State, 371 So. 2d 196 (Fla. 2d DCA 1979)