JIMMY HARRISON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the conviction for tampering with a motor vehicle odometer but reversed the sentence imposed due to errors in restitution and community service.
The appellant was convicted of tampering with a motor vehicle odometer. The trial court ordered restitution including punitive damages and community s…
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STONE, Judge.
We affirm the appellant’s conviction of tampering with a motor vehicle odometer but reverse the sentence imposed.
The record reflects sufficient evidence to submit the facts, in part circumstantial, to the jury. See, e.g., State v. Law, 14 F.L.W. 387 (Fla. July 28, 1989); Lynch v. State, 293 So. 2d 44 (Fla.1974); Hampton v. State, 549 So. 2d 1059 (Fla. 4th DCA 1989).
We find no abuse of discretion in denying appellant’s motion for a bill of particulars. The appellant argues that he is entitled to a statement of particulars where the information charges the violation of more than one statute and contains charges reflecting more than one way in which the crime was committed. However, the appellant failed to demonstrate lack of notice, prejudice, surprise or the inability to prepare an adequate defense. E.g., United States v. Mackey, 551 F. 2d 967 (5th Cir.1977); Jones v. State, 466 So. 2d 293 (Fla. 3d DCA), rev. denied, 478 So. 2d 53 (Fla.1985).
Additionally, the trial court erred by ordering the defendant to pay restitution in an amount that included a sum for “punitive” damages and a sum not supported by any evidence of actual damages incurred by the victims. The state also concedes that we must reverse the imposition of community service in lieu of the payment of costs. Houston v. State, 540 So. 2d 943 (Fla. 4th DCA 1989). Therefore, the judgment is affirmed, the sentence imposed is reversed and the cause is remanded for resentencing.
GUNTHER and POLEN, JJ., concur.
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Thomas v. State, 566 So. 2d 613 (Fla. 4th DCA 1990)…ommunity service hours. As amended in 1986, section 27.3455, Florida Statutes, discontinued the community service option. See section 27.3455, Florida Statutes (1989); Houston v. State, 540 So. 2d 943 (Fla. 4th DCA 1989); see also Harrison v. State, 557 So. 2d 151 (Fla. 4th DCA 1990). We also hold that the trial court erred when it assessed these costs and fees without affording appellant notice and without making a determination of his financial resources and ability to pay. See Jenkins v. State, 444 So. 2d…
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C.W. and M.G. v. State, 645 So. 2d 26 (Fla. 1st DCA 1994)…that the mother of delinquent child is not liable for $2500 in restitution where she “had accomplished the ‘normal parenting tasks’ to escape liability for restitution under [section 39.054(l)(f), Florida Statutes (1991) ]”); cf. Harrison v. State, 557 So. 2d 151 (Fla. 4th DCA 1990) (holding that the trial court erred in ordering an adult defendant to pay restitution in an amount that included punitive damages and damages not supported by the evidence). It is true that the trial judge has only such power as…
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Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Lynch v. State, 293 So. 2d 44 (Fla. 1974)
- United States v. MacKey, 551 F.2d 967 (5th Cir. 1977)
- Hampton v. State, 549 So. 2d 1059 (Fla. 4th DCA 1989)
- Jones v. State, 466 So. 2d 293 (Fla. 3d DCA 1985)
- Davis v. State, 540 So. 2d 943 (Fla. 4th DCA 1989)