ALAN ANDREW ABT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ALAN ANDREW ABT, APPELLANT,
STATE OF FLORIDA, APPELLEE
581 So. 2d 1001
Florida District Court of Appeal, Fourth District (1991)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We affirm appellant’s convictions and sentence except for that part of the sentence that imposes restitution. We hold that the imposition of restitution for the first time on remand constituted a prohibited enhanced sentence. See North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969); see also Morganti v. State, 573 So. 2d 820 (Fla.1991). We reverse the imposition of restitution and remand with instructions for the trial court vacate that part of the sentence. In all other respects the judgment is affirmed.
AFFIRMED IN PART; REVERSED IN PART; REMANDED.
LETTS, GLICKSTEIN and DELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Jones v. State, 590 So. 2d 1061 (Fla. 4th DCA 1991)…e. For the follow [*1062] ing reasons, we reverse and remand with directions that the provisions for restitution be stricken. See Jones v. State, 559 So. 2d 204 (Fla.1990), cert. denied, — U.S. —, 111 S.Ct. 276, 112 L.Ed.2d 232 (1990); Abt v. State, 581 So. 2d 1001 (Fla. 4th DCA 1991). Appellant was convicted of third degree murder, grand theft and leaving the scene of an accident. Jones v. State, 502 So. 2d 1375 (Fla. 4th DCA 1987). He stole a dump truck and ran it head on into another vehicle, causing the d…1 / 2
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Savory v. State, 600 So. 2d 1 (Fla. 4th DCA 1992)…t 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 original sentencing order did not impose restitution. It was attempted on remand, which is prohibited. We have considered appellant’s other contentions and find them, too, without merit.…
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Brooks v. State, 655 So. 2d 238 (Fla. 1st DCA 1995)…ssibly ordered restitution upon resentenc-ing following remand from this court, where no restitution was imposed at the original sentencing. We agree and remand to the trial court with directions to vacate the order of restitution. See Abt v. State, 581 So. 2d 1001 (Fla. 4th DCA), review denied 591 So. 2d 184 (Fla.1991); Jones v. State, 590 So. 2d 1061 (Fla. 4th DCA 1991). WEBSTER and VAN NORTWICK, JJ., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- North Carolina v. Pearce, 395 U.S. 711 (U.S. 1969)
- Morganti v. State, 573 So. 2d 820 (Fla. 1991)