DAVID BLAIR WECKERLE, APPELLANT/CROSS APPELLEE,
v.
STATE OF FLORIDA, APPELLEE/CROSS APPELLANT
PER CURIAM.
We affirm appellant’s conviction and sentence: As part of the sentence, appellant was given a period of probation conditioned, inter alia, on his payment “for all counseling expenses incurred by the victim, as directed by your Probation Officer.”
Because counseling had not been completed, we find no abuse of discretion in failing to fix the amount of restitution, McCaskill v. State, 520 So. 2d 664, 665 (Fla. 1st DCA 1988), assuming that, at a future appropriate time, and upon application, the trial court will determine the amount of restitution to be paid pursuant to section 948.03(l)(e), Florida Statutes (1989). The duty may not be delegated. With this understanding of the sentencing conditions, we affirm.
AFFIRMED.
HERSEY, C.J., and LETTS and POLEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Ivory Fairweather v. State, 596 So. 2d 1276 (Fla. 1st DCA 1992)…tution, which is a procedural matter within its discretion. McCaskill v. State, 520 So. 2d 664, 665 (Fla. 1st DCA 1988). A court does not abuse its discretion in leaving determination of the amount of restitution to a future date. Weckerle v. State, 579 So. 2d 742 (Fla. 4th DCA 1991). Based on the foregoing, we find that the trial court had jurisdiction to enter the appealed order and affirm. MINER and WEBSTER, JJ., concur.…
-
C.A. v. State, 685 So. 2d 1036 (Fla. 3d DCA 1997)…er than entering a written order. We disagree. Section 775.089, Florida Statutes (1995), and the cases interpreting it, do not require that the order be reduced to writing. See Simmons v. State, 625 So. 2d 975 (Fla. 2d DCA 1993); Weckerle v. State, 579 So. 2d 742 (Fla. 4th DCA 1991); In re E.J., 438 So. 2d 500 (Fla. 4th DCA 1983)(finding no error in a juvenile delinquency case where court made oral statement retaining jurisdiction to reserve restitution, but the written commitment order did not address resti…
-
Savory v. State, 600 So. 2d 1 (Fla. 4th DCA 1992)…pose restitution and the court reserved jurisdiction to determine the amount at a later date. This is permissible. Hatcher v. State, 591 So. 2d 1134 (Fla. 4th DCA 1992); In the Interest of B.M., 580 So. 2d 896 (Fla. 4th DCA 1991); Weckerle v. State, 579 So. 2d 742 (Fla. 4th DCA 1991); McCaskill v. State, 520 So. 2d 664 (Fla. 1st DCA 1988). Savory’s reliance on Jones v. State, 590 So. 2d 1061 (Fla. 4th DCA 1991), and Abt v. State, 581 So. 2d 1001 (Fla. 4th DCA 1991), is misplaced because in those cases the ori…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- McCASKILL v. State, 520 So. 2d 664 (Fla. 1st DCA 1988)