ELIAZAR JUAN OCHOA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Eliazar Juan Ochoa pled guilty to leaving the scene of an accident with injury or death and driving without a valid driver’s license. In this appeal he challenges several of his conditions of probation.
We agree with appellant that the restitution ordered for damages caused by the accident was error because the damages were not sufficiently related to either of the offenses of which he was convicted. See State v. Williams, 520 So. 2d 276 (Fla.1988), and Stewart v. State, 571 So. 2d 485 (Fla. 2d DCA 1990). Consequently, we remand for the trial judge to strike that portion of the probation order requiring restitution. Because it was not orally pronounced, we remand for the trial judge to strike special condition (6) of the probation order. Labar v. State, 584 So. 2d 37 (Fla. 2d DCA 1991). We otherwise affirm.
Affirmed but remanded with directions.
SCHOONOVER, C.J., and DANAHY and FRANK, JJ., concur.
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Koile v. State, 934 So. 2d 1226 (Fla. 2006)…is added) (quoting Glaubius v. State, 688 So. 2d 913, 915 (Fla.1997)). Accordingly, courts have struck numerous awards finding that both of these prongs were not met. See, e.g., Schuette; State v. Williams, 520 So. 2d 276 (Fla.1988); Ochoa v. State, 596 So. 2d 515 (Fla. 2d DCA 1992); Stewart v. State, 571 So. 2d 485 (Fla. 2d DCA 1990). For example, in L.H. v. State, 803 So. 2d 862 (Fla. 4th DCA 2002), the defendant was convicted of shooting a deadly missile and criminal mischief, which damaged the victim’s ca…
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Schuette v. State, 822 So. 2d 1275 (Fla. 2002)…al held “that restitution could not be imposed against a suspended driver who caused an accident because- the fact that the driver’s license was suspended was not causally related to the crash.” Schuette, 782 So. 2d at 936-37 (citing Ochoa v. State, 596 So. 2d 515 (Fla. 2d DCA 1992); Stewart v. State, 571 So. 2d 485 (Fla. 2d DCA 1990)). However, the Fourth District observed that the Legislature had amended the restitution statute in 1993 “in order to expand the criteria for ordering restitution.” Id. at 937.…
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Cheek v. State, 700 So. 2d 731 (Fla. 5th DCA 1997)…e crash. Numerous cases hold this was error because the fact that his license was suspended was not causally related to the crash. State v. Williams, 520 So. 2d 276 (Fla.1988); Longshore v. State, 655 So. 2d 1139 (Fla. 5th DCA 1995); Ochoa v. State, 596 So. 2d 515 (Fla. 2d DCA 1992); Stewart v. State, 571 So. 2d 485 (Fla. 2d DCA 1990). See Glaubius v. State, 688 So. 2d 913 (Fla.1997). Whether one agrees with the cases is not determinative of whether they must be adhered to. The order must be quashed. ORDE…
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- State v. Williams, 520 So. 2d 276 (Fla. 1988)
- Floyd v. State, 571 So. 2d 485 (Fla. 2d DCA 1990)
- Labar v. State, 584 So. 2d 37 (Fla. 2d DCA 1991)