CHRISTOPHER HAINES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that a defendant bears the burden to demonstrate inability to pay restitution, and failure to do so waives objections to the order.
Appellant pleaded guilty to violating probation and was sentenced to prison followed by probation, with a condition to pay unpaid restitution. He appe…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Financial Ability To Pay cases and more on FLexlaw
PER CURIAM.
Upon acceptance of appellant’s plea of guilty to violation of probation,1 the trial court sentenced him to a prison term of thirty (30) months, followed by a term of probation. The court also ordered, as a condition of probation, that appellant pay the restitution which had been ordered as a condition of his original probation, but which remained unpaid. There was no appeal from the original order for payment of restitution, nor from a subsequent order placing appellant in the Probation and Restitution Center because of his failure to pay restitution as ordered.
Appellant challenges the order to pay restitution following his prison term. The burden of demonstrating the absence of potential future financial resources of the defendant sufficient to pay restitution is upon the defendant. § 775.089(7), F.S. (1989). Because appellant failed to present or to proffer any evidence as to his financial ability, he waived any objection to the trial court’s inquiry into appellant’s ability to pay restitution, and his sentence is affirmed. See, Abbott v. State, 543 So. 2d 411 (Fla. 1st DCA 1989).
AFFIRMED.
SMITH, NIMMONS and ZEHMER, JJ„ concur. . Appellant was charged with violation of his probation for leaving the Probation and Restitution Center without permission. .
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (22 total)
-
Irving v. State, 627 So. 2d 92 (Fla. 3d DCA 1993)…voluntarily waive his right to express factual findings qualifying the defendant as a habitual felony offender. Suarez v. State, 616 So. 2d 1067 (Fla. 3d DCA 1993); Spriggs v. State, 615 So. 2d 828 (Fla. 4th DCA 1993) (en banc); Jefferson v. State, 571 So. 2d 70 (Fla. 1st DCA 1990). The record reflects that Irving both accepted the habitual offender sentence and, expressly waived his right to a hearing under the habitual offender statute. The State properly gave notice of its intent to seek a habitual viol…
-
Greenlee v. State, 591 So. 2d 310 (Fla. 2d DCA 1991)…lony offender sentences. At the plea hearing, she specifically stipulated that she would meet the criteria for a habitual felony offender. The record reveals that the plea and stipulation were knowingly and voluntarily made. In Jefferson v. State, 571 So. 2d 70, 71 (Fla. 1st DCA 1990), the first district held that a defendant may waive the procedural requirements of section 775.084(3). In Jefferson, as in the present case, the defendant had knowingly and voluntarily stipulated that he qualified as a habitu…
-
Suarez v. State, 616 So. 2d 1067 (Fla. 3d DCA 1993)…tence and, expressly waived his right to a hearing under the habitual offender statute. Chalk v. State, 600 So. 2d 1316 (Fla. 4th DCA 1992) (Anstead, J. concurring specially); Greenlee v. State, 591 So. 2d 310 (Fla. 2d DCA 1991); Jefferson v. State, 571 So. 2d 70 (Fla. 1st DCA 1990); cf., Harper v. State, 605 So. 2d 994 (Fla. 5th DCA 1992). Any error in failing to make the requisite findings was harmless error. State v. Rucker, 613 So. 2d 460 (Fla.1993). Prior to appellant’s plea, the State filed a notice t…
Previewing 3 of 22 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Prusinsky, 543 So. 2d 411 (Fla. 4th DCA 1989)