SAMUEL LEE BROWN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a trial court cannot delegate the responsibility to determine the amount of restitution due to a victim to a community control officer.
Following a jury verdict of guilty for aggravated battery, the trial court ordered the defendant to pay restitution for the victim's medical expenses,…
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DANIEL, Chief Judge.
This is an appeal from a judgment and sentence following a jury verdict of guilty of aggravated battery.
Defendant, Samuel L. Brown, raises several issues on appeal. We find merit only in that portion of the defendant’s sentence directing defendant’s community control officer to determine the amount of restitution due the victim of defendant’s actions.
In sentencing defendant, the trial court stated:
I will require that restitution for medical or doctor expenses that were incurred by Mr. Wyckoff be taken care of by Mr. Brown also as a part of his community control. I’m authorizing his Community Control Officer to make reasonable inquiry as to a determination and establishment as to what those expenses were. I am requiring Mr. Brown to pay back these expenses according to a plan or schedule to be worked out between Mr. Brown and his Community Control Officer. The state candidly concedes it to be error for a trial court to delegate its responsibility to determine the amount of restitution due a victim pursuant to section 948.03(1), Florida Statutes (1987).
Accordingly, the judgment is affirmed but the sentence is reversed and the matter remanded to the trial court for further proceedings to determine the amount, if any, due the victim. See Bostic v. State, 504 So. 2d 794. (Fla. 2d DCA 1987); McDonald v. State, 478 So. 2d 113 (Fla. 2d DCA 1985); Huffman v. State, 472 So. 2d 469 (Fla. 1st DCA 1985).
Judgment AFFIRMED; sentence VACATED; REMANDED.
DAUKSCH and COBB, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Ogden v. State, 605 So. 2d 155 (Fla. 5th DCA 1992)…g community control for a maximum of two years in any one sentencing, it is not prohibited from imposing a new two-year term of community control upon revoking a defendant’s previous term of community control. [*157] We recognized in Ramey v. State, 546 So. 2d 1156 (Fla. 5th DCA 1989) that section 948.06(1) authorizes a court upon revocation of probation to impose any sentence it might have originally imposed. In Ramey, after serving 13 months on probation for a third degree felony, the defendant was convicted…1 / 2
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Straughan v. State, 636 So. 2d 845 (Fla. 5th DCA 1994)…al court still has the option to impose a sentence of imprisonment for any subsequent violation. See, e.g., Williams v. State, 594 So. 2d 273 (Fla.1992) (sentence may be bumped up one cell for each successive violation of probation); Ramey v. State, 546 So. 2d 1156 (Fla. 5th DCA 1989) (following revocation of probation, court may impose “true split sentence” of five years imprisonment suspended after 3& years of probation).2 As the court did in Summers, we certify this issue as a matter of great public import…1 / 2
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Bowen v. State, 590 So. 2d 1067 (Fla. 5th DCA 1991)…d 139 (Fla.1991). Finally, Bowen urges that the court erred in setting restitution in an amount to be determined by appellant’s probation officer. We agree. The authority to determine the amount of restitution may not be delegated. Brown v. State, 546 So. 2d 1156 (Fla. 5th DCA 1989). AFFIRMED in part; REVERSED in part. COBB and GRIFFIN, JJ., concur.…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Bostic v. State, 504 So. 2d 794 (Fla. 2d DCA 1987)
- Huffman v. State, 472 So. 2d 469 (Fla. 1st DCA 1985)
- McDONALD v. State, 478 So. 2d 113 (Fla. 2d DCA 1985)