MARITZA BARROSO, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By (14 total)

• Strickland v. State, 596 So. 2d 1155 (Fla. 2d DCA 1992)
  …v. State, 580 So. 2d 899 (Fla. 2d DCA 1991) and DeVille v. State, 529 So. 2d 319 (Fla. 2d DCA 1988). We also reverse the restitution orders imposed in this case because the appellant was not afforded an opportunity to be heard. See Johnson v. State, 547 So. 2d 300 (Fla. 3d DCA 1989). In summary, we affirm the revocation of probation and the appellant’s classification as an habitual offender, but we reverse the sentences and orders of restitution and remand for resentencing within the guidelines. Affirmed in…
• Longo v. State, 580 So. 2d 212 (Fla. 4th DCA 1991)
  …encing law. Id. at 987. Lastly, we agree that the lower court erred in ordering restitution to those people named in counts of the information on which appellant was acquitted. Simmons v. State, 484 So. 2d 104 (Fla. 4th DCA 1986); Johnson v. State, 547 So. 2d 300 (Fla. 3d DCA 1989). Similarly, appellant 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 name…
• Barkley v. State, 585 So. 2d 418 (Fla. 1st DCA 1991)
  …ndant’s having committed the offense of which he was convicted. State v. Williams, 520 So. 2d 276 (Fla.1988). Therefore, a defendant may not be ordered to pay restitution for damages arising out of crimes of which he was acquitted. Johnson v. State, 547 So. 2d 300 (Fla. 3d DCA 1989). Appellant’s acquittal of both murder and manslaughter, and the resulting implication that he did not cause the victim’s death, thus precludes the assessment of restitution under section 775.089 for funeral and related services as…

Authorities Cited

• Bradshaw v. State, 509 So. 2d 1306 (Fla. 1st DCA 1987)