ANTHONY GILBERT PARKS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We vacate the order increasing the amount of restitution appellant is required to pay, entered more than sixty days after rendition of the original order imposing the restitution requirement. See Fla.R.Crim.P. 3.800(b); and see State v. Butz, 568 So. 2d 537 (Fla. 4th DCA 1990). See also State v. Martin, 577 So. 2d 689 (Fla. 1st DCA), rev. denied, 587 So. 2d 1329 (Fla.1991); McLaughlin v. State, 573 So. 2d 419 (Fla. 2d DCA 1991).
We also strike the requirement that appellant perform community service in lieu of paying court costs. The statute authorizing the imposition of community service in lieu of costs was amended effective October 1, 1986, eliminating this alternative. See § 27.3455, Fla.Stat. (Supp.1986); compare § 27.3455, Fla.Stat. (1985). See also State v. Yost, 507 So. 2d 1099 (Fla.1987); Hillyer v. State, 516 So. 2d 74 (Fla. 5th DCA 1987).
REVERSED.
HERSEY, STONE and GARRETT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Royster v. State, 657 So. 2d 36 (Fla. 4th DCA 1995)…fendant acquiesced to it. A trial court no longer has the authority to require a defendant to perform community service hours as an alternative to paying the cost of supervision. Price v. State, 620 So. 2d 1105 (Fla. 4th DCA 1993); Parks v. State, 595 So. 2d 1056 (Fla. 4th DCA 1992); Bush v. State, 579 So. 2d 362 (Fla. 4th DCA 1991). Although the provision is couched in permissive language, the only alternative to an indigent defendant, who is unable to pay the cost, would be to perform community service. Be…
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Phaneuf v. State, 655 So. 2d 1300 (Fla. 5th DCA 1995)…CA 1993) (trial court erred in ordering defendant to perform community service in lieu of payment of costs; section 27.3455 authorizing community service in lieu of payment of costs was amended in 1986 to eliminate this alternative); Parks v. State, 595 So. 2d 1056 (Fla. 4th DCA 1992) (same); Bush v. State, 579 So. 2d 362 (Fla. 4th DCA 1991) (same); Sims v. State, 520 So. 2d 675 (Fla. 5th DCA 1988) (same); Hansley v. State, 514 So. 2d 1135 (Fla. 5th DCA 1987) (same); Rowe v. State, 558 So. 2d 174 (Fla. 5th DCA…
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Antonik v. State, 664 So. 2d 328 (Fla. 1st DCA 1995)…1994). We further direct the trial court, on remand, to strike the provision of the probation order allowing appellant to perform community service in lieu of a portion of the court costs, as this alternative is no longer authorized. Parks v. State, 595 So. 2d 1056 (Fla. 4th DCA 1992); Bush v. State, 579 So. 2d 362 (Fla. 4th DCA 1991). In all other respects, the judgment and sentence of the trial court is affirmed. JOANOS, MICKLE and VAN NORTWICK, JJ., concur.…
Authorities Cited
- State v. Yost, 507 So. 2d 1099 (Fla. 1987)
- State v. Butz, 568 So. 2d 537 (Fla. 4th DCA 1990)
- State v. Martin, 577 So. 2d 689 (Fla. 1st DCA 1991)
- Hillyer v. State, 516 So. 2d 74 (Fla. 5th DCA 1987)
- State v. Wells, 516 So. 2d 74 (Fla. 5th DCA 1987)
- McLAUGHLIN v. State, 573 So. 2d 419 (Fla. 2d DCA 1991)
- State v. Kellams, 573 So. 2d 419 (Fla. 2d DCA 1991)