JOHN H. WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The defendant was charged with two counts of fraudulent sale of a business opportunity. He entered a plea of no contest, which was not predicated on plea negotiations. The defendant was ordered to make restitution to three persons as a special condition of probation. Two of them were victims named in the information, the third was not. The state, however, contends that the injury to the third victim was a part of the same fraudulent scheme.
The trial court erred, in the absence of an agreement, by requiring payment of restitution to the third victim for the uncharged separate offense. Crowder v. State, 334 So. 2d 819 (Fla. 4th DCA 1976), cert. denied, 342 So. 2d 1101 (Fla.1977); Barnes v. State, 489 So. 2d 1182 (Fla. 2d DCA 1986).
The order of probation is, therefore, reversed and remanded with direction to strike the condition of restitution to Diane Morin. In all other respects, the judgment is affirmed.
HERSEY, C.J., and GUNTHER and STONE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Longo v. State, 580 So. 2d 212 (Fla. 4th DCA 1991)…is not required to pay restitution to the four victims named in the grand theft counts for which venue was lacking. Also, it was improper for the court to order appellant to pay restitution to people not named in the information. Williams v. State, 530 So. 2d 1109 (Fla. 4th DCA 1988). However, restitution may be paid to insurance companies subrogated to the rights of victims named in the information. Warzybok v. State, 505 So. 2d 507 (Fla. 2d DCA 1987). [*216] AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.…
Authorities Cited
- Crowder v. State, 334 So. 2d 819 (Fla. 4th DCA 1976)
- Barnes v. State, 489 So. 2d 1182 (Fla. 2d DCA 1986)