PATRICIA FITZPATRICK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PATRICIA FITZPATRICK, APPELLANT,
STATE OF FLORIDA, APPELLEE
553 So. 2d 396
Florida District Court of Appeal, Fifth District (1989)
Positive Treatment
Cited by 6 cases
Opinion of the Court
SHARP, Judge.
Fitzpatrick appeals the imposition of costs and the order of restitution imposed without notice and opportunity to be heard. The state concedes error. Mays v. State, 519 So. 2d 618 (Fla.1988); Jenkins v. State, 444 So. 2d 947 (Fla.1984); Brooks v. State, 490 So. 2d 173 (Fla. 5th DCA 1986). We therefore quash the imposition of costs and the order of restitution.
ORDER QUASHED as to costs and restitution.
COBB and GOSHORN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Farley Gilbert v. State, 600 So. 2d 557 (Fla. 5th DCA 1992)…ller v. State, 550 So. 2d 1190 (Fla. 5th DCA 1989); Brown v. State, 546 So. 2d 1156 (Fla. 5th DCA 1989). Upon remand, the defendant shall be afforded prior notice and an opportunity to be heard on the imposition of restitution. Fitzpatrick v. State, 553 So. 2d 396 (Fla. 5th DCA 1989). AFFIRMED in part; REVERSED in part. GOSHORN, C.J., and W. SHARP and PETERSON, JJ., concur.…
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Brinson v. State, 606 So. 2d 476 (Fla. 5th DCA 1992)…ution cannot be sustained because the record fails to show that either Brinson or his attorney was given notice and an opportunity to be heard on the restitution order. See Anderson v. State, 556 So. 2d 527 (Fla. 5th DCA 1990); Fitzpatrick v. State, 553 So. 2d 396 (Fla. 5th DCA 1989); Singletary v. State, 530 So. 2d 460 (Fla. 5th DCA 1988); In re D.J.P., 503 So. 2d 986 (Fla. 5th DCA 1987). Although the order of restitution recites it was entered pursuant to a motion made by the state, the motion is not in t…
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Myers v. State, 605 So. 2d 1019 (Fla. 5th DCA 1992)…order of restitution, and remand for a hearing on the amount of damages suffered by the victim. A defendant is entitled to notice and opportunity to be heard on that issue. Gilbert v. State, 600 So. 2d 557 (Fla. 5th DCA 1992); Fitzpatrick v. State, 553 So. 2d 396 (Fla. 5th DCA 1989). AFFIRMED in part; QUASHED in part; REMANDED. COBB and DIAMANTIS, JJ., concur.…
Authorities Cited
- Jenkins v. State, 444 So. 2d 947 (Fla. 1984)
- Mays v. State, 519 So. 2d 618 (Fla. 1988)
- Brooks v. State, 490 So. 2d 173 (Fla. 5th DCA 1986)