EDITH SHADWICK POPE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
The appellant, Edith Shadwick Pope, challenges the trial court’s determination that she make restitution payments totaling $1,330.28. We find no merit in her contention that the state did not present sufficient competent evidence to establish the amount of restitution. We agree, however, that the court erred by not allowing the appellant to testify at the restitution hearing with regard to her ability to pay restitution. See § 775.089(6), Fla.Stat. (1987). We, accordingly, reverse and remand for another restitution hearing.
We also strike the court costs and attorney’s fees without prejudice to the state to seek reimposition after proper notice and opportunity to be heard.
Reversed and remanded.
SCHOONOVER, C.J., and RYDER and DANAHY, JJ., concur.
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Winborn v. State, 625 So. 2d 977 (Fla. 2d DCA 1993)…the award of restitution with instructions to the trial court to hold another hearing and to require the state to present competent evidence of the victims’ loss. The trial court should also hear evidence on Winborn’s ability to pay. Pope v. State, 575 So. 2d 307 (Fla. 2d DCA 1991). [*978] The restitution order is reversed and remanded for proceedings consistent with this opinion. PARKER and BLUE, JJ., concur.…
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Bolling v. State, 631 So. 2d 310 (Fla. 5th DCA 1994)…both notice of and a hearing on the matter of restitution. Cheatham. Further, this is not a situation where the trial court refused to allow the defendant to testify at the restitution hearing as to his ability to pay restitution. See Pope v. State, 575 So. 2d 307 (Fla. 2d DCA 1991). Bolling next challenges the sentence imposed. We agree that the true split sentence of 13½ years imposed here exceeds the maximum imprisonment contemplated by the plea agreement. See Poore v. State, 531 So. 2d 161 (Fla.1988). It…
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