CHARLES EDWARD BOWEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that points for offenses committed on probation should not be assessed and that the amount of restitution cannot be delegated to a probation officer.
Appellant was sentenced for grand theft and burglary while on probation. He appealed the assessment of points for probation status, the assessment of …
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HARRIS, Judge.
In response to appellant’s motion for rehearing, we grant the motion, withdraw our previous opinion, and substitute the following:
Charles Edward Bowen was sentenced on two counts of grand theft and two counts of burglary of a structure. He was on probation when these offenses were committed. He complains that his score-sheet contained legal constraint points for each offense committed while on probation. We reverse the sentence under the authority of Flowers v. State, 586 So. 2d 1058 (Fla.1991).
Bowen also appeals the assessment of costs claiming that he was not provided prior notice. The notice given the public generally in enacting and publishing the statutes creating the cost obligation is sufficient notice. State v. Beasley, 580 So. 2d 139 (Fla.1991).
Finally, Bowen urges that the court erred in setting restitution in an amount to be determined by appellant’s probation officer. We agree. The authority to determine the amount of restitution may not be delegated. Brown v. State, 546 So. 2d 1156 (Fla. 5th DCA 1989).
AFFIRMED in part; REVERSED in part.
COBB and GRIFFIN, JJ., concur.
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Greenwood v. State, 754 So. 2d 158 (Fla. 1st DCA 2000)…ion officer. Compare Larson v. State 572 So. 2d 1368 (Fla.1991) (the trial court did not violate the law by delegating to the probation officer limited authority to direct that the defendant undergo a psychological examination), with Bowen v. State, 590 So. 2d 1067 (Fla. 5th DCA 1991) (the trial court could not delegate to the probation officer authority to determine the amount of the defendant’s restitution). AFFIRMED. BOOTH and JOANOS, JJ., CONCUR.…
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Farley Gilbert v. State, 600 So. 2d 557 (Fla. 5th DCA 1992)…PER CURIAM. We affirm the sentences imposed in this case, but reverse the restitution order wherein the trial court improperly delegated its authority to determine the amount of restitution to the probation officer. Bowen v. State, 590 So. 2d 1067 (Fla. 5th DCA 1991); Williams v. State, 553 So. 2d 797 (Fla. 5th DCA 1989); Waller v. State, 550 So. 2d 1190 (Fla. 5th DCA 1989); Brown v. State, 546 So. 2d 1156 (Fla. 5th DCA 1989). Upon remand, the defendant shall be afforded prior notice and an o…
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Spor v. State, 114 So. 3d 1068 (Fla. 5th DCA 2013)…v. State, 968 So. 2d 92, 93 (Fla. 2d DCA 2007). See also Edwards v. State, 892 So. 2d 1192, 1194 (Fla. 5th DCA 2005); Gandy v. State, 695 So. 2d 792, 793 (Fla. 1st DCA 1997); White v. State, 606 So. 2d 1265, 1266 (Fla. 1st DCA 1992); Bowen v. State, 590 So. 2d 1067 (Fla. 5th DCA 1991). REVERSED and REMANDED. PALMER and TORPY, JJ., concur.…
Authorities Cited
- State v. Beasley, 580 So. 2d 139 (Fla. 1991)
- Flowers v. State, 586 So. 2d 1058 (Fla. 1991)
- Brown v. State, 546 So. 2d 1156 (Fla. 5th DCA 1989)