RONALD M. BOYKIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RONALD M. BOYKIN, APPELLANT,
STATE OF FLORIDA, APPELLEE
541 So. 2d 719
Florida District Court of Appeal, Fourth District (1989)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We affirm the judgments of conviction but vacate the special conditions of probation requiring completion of a residential substance abuse treatment program, payment of restitution and payment of costs. Appellant is entitled to appropriate notice and an opportunity to be heard on each of these issues. Procedural due process requires no less. AFFIRMED IN PART; VACATED IN PART; REMANDED.
HERSEY, C.J., and ANSTEAD and WALDEN, JJ., concur.
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In the Interest of F.A. v. State, 616 So. 2d 1092 (Fla. 4th DCA 1993)…ent to make restitution is improper because there was no notice, thus there was not an opportunity to be heard, and there was no inquiry into appellant’s ability to pay. See Denmark v. State, 588 So. 2d 324, 325 (Fla. 5th DCA 1991); Boykin v. State, 541 So. 2d 719 (Fla. 4th DCA 1989); Thomas v. State, 517 So. 2d 132 (Fla. 4th DCA 1987). Further, there was no evidence of monetary loss. See Cheatham v. State, 593 So. 2d 270, 271 (Fla. 4th DCA 1992); Epperley v. State, 568 So. 2d 1336, 1337 (Fla. 4th DCA 1990).…