PEDRO MEDINA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Because the defendant Pedro Medina clearly established by a preponderance of the evidence that he has no present financial resources and no potential future financial resources to pay the $37,485.00 in restitution ordered by the trial court as a condition of probation, the said restitution is stricken as a condition of probation and the cause is remanded to the trial court with directions to impose a reasonable amount of restitution which is within the defendant’s present or potential future ability to pay. § 775.089(6), (7), Fla.Stat. (1989); see Williams v. State, 578 So. 2d 846, 847 (Fla. 4th DCA 1991); Green v. State, 571 So. 2d 571 (Fla. 3d DCA 1990); Peters v. State, 555 So. 2d 450 (Fla. 4th DCA 1990); Oropesa v. State, 555 So. 2d 389 (Fla. 3d DCA 1989), rev. denied, 562 So. 2d 346 (Fla.1990); Spivey v. State, 501 So. 2d 698 (Fla. 2d DCA 1987), approved, 531 So. 2d 965 (Fla.1988); cf. Goble v. State, 568 So. 2d 91 (Fla. 1st DCA 1990) ($1,071.12 in restitution upheld as to a financially marginal defendant).
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
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Therrien v. State, 637 So. 2d 288 (Fla. 5th DCA 1994)…is result when it determined that persons convicted of criminal offenses should be required to compensate the victims for their losses. Accordingly, I would remand with directions to modify the monthly rate of restitution. Bautista; Medina v. State, 591 So. 2d 1085 (Fla. 3d DCA 1991). . Therrien submitted pay stubs, which included tips, to support her testimony. Her base pay, without tips, is $2.12 per hour. . Her husband is a defendant in a lawsuit as a result of this accident. Therrien testified there was…
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Bain v. State, 642 So. 2d 578 (Fla. 5th DCA 1994)…ution must be affirmed. Subsections 775.089(1) and (6) provide that restitution shall be ordered only when the [*582] trial judge finds that the defendant has the ;present and future ability to pay it. (emphasis supplied). See also Medina v. State, 591 So. 2d 1085 (Fla. 3d DCA 1991). In the absence of any evidence showing an ability to pay the amount assessed, my view is that a restitution order should be reversed, stayed or tolled. See Peters v. State, 555 So. 2d 450 (Fla. 4th DCA 1990); Ballance v. State, 4…1 / 2
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Bautista v. State, 600 So. 2d 1255 (Fla. 2d DCA 1992)…wages he earned picking tomatoes. We strike the amount of restitution and remand so that the trial court may order restitution in an amount which is reasonably within the defendant’s present or potential future ability to pay. See Medina v. State, 591 So. 2d 1085 (Fla. 3d DCA 1991); § 775.089(6), Fla.Stat. (1991). See also Peters v. State, 555 So. 2d 450 (Fla. 4th DCA 1990) (condition of probation should not be impossible to perform). ALTENBERND and BLUE, JJ., concur.…
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- Spivey v. State, 531 So. 2d 965 (Fla. 1988)
- Kamal Peters v. State, 555 So. 2d 450 (Fla. 4th DCA 1990)
- Spivey v. State, 501 So. 2d 698 (Fla. 2d DCA 1987)
- Green v. State, 571 So. 2d 571 (Fla. 3d DCA 1990)
- Williams v. State, 578 So. 2d 846 (Fla. 4th DCA 1991)
- Oropesa v. State, 555 So. 2d 389 (Fla. 3d DCA 1989)
- Goble v. State, 568 So. 2d 91 (Fla. 1st DCA 1990)