GARY MCLAUGHLIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The trial court lacked jurisdiction to impose additional restitution after the sixty-day period prescribed by Florida Rule of Criminal Procedure 3.800(b) had expired.
Following a guilty plea, the defendant was ordered to pay restitution. Four months later, a second hearing was held where the trial court increased th…
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SCHEB, Acting Chief Judge.
The defendant challenges an increase in the restitution he was ordered to pay for damage done during the aggravated battery and false imprisonment offenses to which he pled guilty. We reverse.
Following his guilty plea, a sentencing hearing was held in April 1989. The defendant was placed on two years community control and ordered to begin making restitution payments for a total of $2,656. Four months later, in August 1989, a second hearing was held at which the prosecutor presented bills for repairs to the victim’s home allegedly necessary because of the defendant’s offenses. The defendant admitted responsibility for some of the damage and agreed to pay a portion of the requested sum; however, he objected to other sums. The trial judge ordered an increase of $800.43.
We agree with the defendant that the trial court lacked jurisdiction to impose the additional restitution. Florida Rule of Criminal Procedure 3.800(b) gives the trial court jurisdiction to modify a legal sentence within sixty days of imposition. Since more than 60 days had passed between the imposition of sentence and the second restitution hearing, the trial court’s jurisdiction to modify the defendant’s sentence had expired. State v. Butz, 568 So. 2d 537 (Fla. 4th DCA 1990).
We note that the order of community control, which originally established that the defendant was to pay restitution does not specify an amount. The order must conform to the trial judge’s oral pronouncement of $2,656 restitution. Williams v. State, 525 So. 2d 458 (Fla. 2d DCA 1988). Accordingly, we reverse and remand for the trial court to enter an amended order. DANAHY and THREADGILL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Weaver v. State, 588 So. 2d 53 (Fla. 3d DCA 1991)…entence within sixty days of imposition. Since more than sixty days had passed between the sentencing hearing and the second restitution hearing, the trial court’s jurisdiction to modify the defendant’s sentence had elapsed. See McLaughlin v. State, 573 So. 2d 419 (Fla. 2d DCA 1991); State v. Butz, 568 So. 2d 537 (Fla. 4th DCA 1990). Accordingly, we vacate the trial court’s order rendered August 16, 1990, increasing the amount of restitution.…
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Parks v. State, 595 So. 2d 1056 (Fla. 4th DCA 1992)…order imposing the restitution requirement. See Fla.R.Crim.P. 3.800(b); and see State v. Butz, 568 So. 2d 537 (Fla. 4th DCA 1990). See also State v. Martin, 577 So. 2d 689 (Fla. 1st DCA), rev. denied, 587 So. 2d 1329 (Fla.1991); McLaughlin v. State, 573 So. 2d 419 (Fla. 2d DCA 1991). We also strike the requirement that appellant perform community service in lieu of paying court costs. The statute authorizing the imposition of community service in lieu of costs was amended effective October 1, 1986, eliminat…
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State v. Sanderson, 625 So. 2d 471 (Fla. 1993)…ant one, have read rule 3.800(b) to mean that the trial court must determine the amount of restitution within sixty days of imposing sentence or it will lose jurisdiction. E.g., Weaver v. State, 588 So. 2d 53 (Fla. 3d DCA 1991); McLaughlin v. State, 573 So. 2d 419 (Fla. 2d DCA 1991); State v. Butz, 568 So. 2d 537 (Fla. 4th DCA 1990). In other cases, however, the courts have affirmed amounts for restitution determined more than sixty days after imposition of sentence. E.g., Savory; Fairweather v. State, 596 So…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Butz, 568 So. 2d 537 (Fla. 4th DCA 1990)
- Williams v. State, 525 So. 2d 458 (Fla. 2d DCA 1988)