FRANCES GLABMAN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed restitution condition of $600 per month as reasonable balance between defendant's $200,000+ embezzlement and her ability to pay.
A trial court does not abuse its discretion in ordering $600 monthly restitution as a probation condition when the defendant embezzled over $200,000 and the amount reflects a reasonable balance between the loss and the defendant's ability to pay.
[1] In determining restitution amount, a trial court must balance the victim's loss against the defendant's financial resources and ability to pay, and such determination is…
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Join FLexlaw to unlock all legal intelligenceDefendant Glabman embezzled over $200,000 from her employer and was ordered to pay $600 per month in restitution as a condition of probation.…
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PER CURIAM.
Although the defendant claims that the $600 per month in restitution required as a condition of her probation is beyond her means, we find that the sum fixed by the trial court represents an appropriate balance between the large amount, over $200,-000, she embezzled from her employer and is therefore required to repay, on the one hand, and her ability to do so, on the other. Hence, there was no error in the exercise of the authority conferred by sections 775. 089(l)(a), (6), Florida Statutes (1985).1
The other point raised also lacks merit.
Affirmed.
. Sections 775.089(l)(a), (6), Florida Statutes (1985), state:
775.089 Restitution.—
(l)(a) In addition to any punishment, the court shall order the defendant to make restitution to the victim for damage or loss caused directly or indirectly by the defendant’s offense, unless it finds reasons not to order such restitution. Restitution may be monetary or non-monetary restitution. The court shall make the payment of restitution a condition to probation in accordance with s. 948.03.
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(6) The court, in determining whether to order restitution and the amount of such restitution, shall consider the amount of the loss sustained by any victim as a result of the offense, the financial resources of the defendant, the financial needs and earning ability of the defendant and his dependents, and such other factors which it deems appropriate.
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Maseri v. State, 752 So. 2d 719 (Fla. 3d DCA 2000)…bation has been violated. See Van Wagner v. State, 677 So. 2d 314, 317 (Fla. 1st DCA 1996). The question we must address on review of an order revoking probation is whether the trial court abused its discretion. See Arias; see also Glabman v. State, 509 So. 2d 1337 (Fla. 3d DCA 1987); Van Wagner vs. State, 677 So. 2d at 317. We find that the testimony of the witnesses at the revocation hearing, including Maseri’s own testimony and that of his probation officer, together with other evidence presented, support…