JAMES HENRY CALHOUN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Ability To Pay Restitution cases and more on FLexlaw
PER CURIAM.
Calhoun appeals his probation order contending the trial court erred in failing to determine his ability to pay restitution, and in ordering an unspecified amount of restitution to be later determined by his probation officer. We affirm in part and reverse in part.
The state admits that the trial court erred in ordering Calhoun to pay an unspecified amount of restitution to be later determined by the probation officer. We agree and reverse that provision of the order of probation. Section 948.03(1)(e), Fla.Stat. (1987) provides that the amount of restitution is “to be determined by the court.” Hamrick v. State, 532 So. 2d 71 (Fla. 1st DCA 1988).
We reverse the order of restitution in part and remand with directions that the trial court conduct a hearing for the purpose of determining the amount of restitution Calhoun will be required to pay and to amend the order of probation accordingly.
THOMPSON, WIGGINTON and NIMMONS, JJ., concur,
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (16 total)
-
State v. Green, 547 So. 2d 925 (Fla. 1989)…s issue. Standing against the decision of the First District Court of Appeal being approved in this case are holdings of the Third, Fourth, and Fifth District Courts of Appeal. Cole v. State, 14 F.L.W. 1138 (Fla. 3d DCA May 9, 1989); Dixon v. State, 546 So. 2d 1194 (Fla. 3d DCA 1989); Chapman v. State, 538 So. 2d 965 (Fla. 4th DCA 1989); Butler v. State, 530 So. 2d 324 (Fla. 5th DCA 1989). Even the First District Court of Appeal must be in doubt because a subsequent panel of that court has refused to award cre…
-
State v. Meeks, 789 So. 2d 982 (Fla. 2001)…v. State, 757 So. 2d 580, 580 (Fla. 1st DCA 2000), the district court determined that a failure to timely file an accurate monthly report and to notify a probation officer of a change of residence were technical violations. See also Dixon v. State, 546 So. 2d 1194, 1195 (Fla. 3d DCA 1989) (analyzing pre 1990 version of the statute, which did not include the distinction of substantive versus technical violations, but nevertheless making a distinction by classifying failure to report to probation officer as a t…
-
State v. Watts, 558 So. 2d 994 (Fla. 1990)…No. 74,299 (Fla. Jan. 16, 1990); Hunnicutt v. State, 549 So. 2d 1138 (Fla. 3d DCA 1989), dismissed, 554 So. 2d 1169 (Fla.1989); Kerklin v. State, 548 So. 2d 689 (Fla. 2d DCA 1989); Haynes v. State, 545 So. 2d 949 (Fla. 1st DCA 1989); Dixon v. State, 546 So. 2d 1194 (Fla. 3d DCA 1989) (on rehearing), review granted, No. 74,608 (Fla. Dec. 26, 1989);2 Boffo v. State, 543 So. 2d 435 (Fla. 2d DCA 1989); Warren v. State, 542 So. 2d 429 (Fla. 3d DCA 1989), review granted, No. 74,212 (Fla. Oct. 9, 1989); Miles v. Stat…
Previewing 3 of 16 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hamrick v. State, 532 So. 2d 71 (Fla. 1st DCA 1988)