CEDRIC LEE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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DANIEL, Chief Judge.
The order adjudicating the defendant guilty and placing him on probation for grand theft of an automobile is affirmed. However, we strike the portion of the probation order requiring the defendant to pay $500 in restitution to the victims.1 See State v. Williams, 520 So. 2d 276 (Fla.1988). We also vacate the imposition of costs which were assessed without notice and opportunity to object. Harriel v. State, 520 So. 2d 271 (Fla.1988); Mays v. State, 519 So. 2d 618 (Fla.1988); Holmes v. State, 547 So. 2d 695 (Fla. 5th DCA 1989). On remand, the court may reconsider imposing costs after proper notice and hearing.
AFFIRMED in part; VACATED in part and REMANDED.
DAUKSCH and HARRIS, JJ., concur. . This $500 represents the cash allegedly taken from the victims’ home at the time their car was stolen,
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Small v. State, 587 So. 2d 597 (Fla. 5th DCA 1991)…ubsequent to State v. Williams have struck down restitution orders which require restitution in one case for damages resulting from conduct constituting a separate offense, even when the underlying offenses are related. For example, in Lee v. State, 562 So. 2d 865 (Fla. 5th DCA 1990), this court affirmed defendant’s conviction for grand theft of an automobile, but reversed that portion of the order which required defendant to pay $500 in restitution for cash allegedly stolen from the victim’s home at the same…
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Bayer v. State, 597 So. 2d 870 (Fla. 5th DCA 1992)…dant can only be ordered to pay restitution for damages caused directly or indirectly by the act for which the defendant is convicted. State v. Williams, 520 So. 2d 276 (Fla.1988); Faulkner v. State, 582 So. 2d 783 (Fla. 5th DCA 1991); Lee v. State, 562 So. 2d 865 (Fla. 5th DCA 1990). See also Mansingh v. State, 588 So. 2d 636 (Fla. 1st DCA 1991). Thus, the condition of probation which requires appellant to pay restitution for the items missing from the victim’s home is improper. However, at sentencing appell…
Authorities Cited
- Mays v. State, 519 So. 2d 618 (Fla. 1988)
- State v. Williams, 520 So. 2d 276 (Fla. 1988)
- Harriel v. State, 520 So. 2d 271 (Fla. 1988)
- Holmes v. State, 547 So. 2d 695 (Fla. 5th DCA 1989)