ROBERT L. MILLER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant pled nolo contendere and on December 10, 1990, was adjudicated guilty of attempted first degree murder, armed burglary and attempted robbery with a firearm. The judgment of conviction provided that “restitution is not ordered as it is not applicable.” Nevertheless, on October 28, 1991, the trial court entered a judgment of $26,456 against appellant for restitution to reimburse the victim.
Appellant contends on appeal that entry of said order is reversible error because 1) the trial court lacked jurisdiction to impose restitution under the circumstances, State v. Butz, 568 So. 2d 537 (Fla.4th DCA 1990); 2) the trial court failed to determine that the appellant had the ability to pay the amount assessed as restitution, section 775.089(6), Florida Statutes (1989); Pellot v. State, 582 So. 2d 124 (Fla.4th DCA 1991); and 3) the imposition of restitution violated the plea agreed upon Daniels v. State, 581 So. 2d 970 (Fla.5th DCA 1991).
The state concedes the error in all three particulars.
Accordingly, the order of restitution appealed from is reversed.
DOWNEY, STONE and FARMER, JJ., concur.
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Bell v. State, 652 So. 2d 1192 (Fla. 4th DCA 1995)…loss caused directly or indirectly by the burglary. Appellant’s alternative argument (that the court should not, absent agreement by Appellant, determine the amount of restitution without a hearing when one is requested) has merit. Miller v. State, 603 So. 2d 114 (Fla. 4th DCA 1992); Pellot v. State, 582 So. 2d 124 (Fla. 4th DCA), rev. denied, 591 So. 2d 183 (Fla.1991). The costs of prosecution assessed against Appellant should not have included $528.00 attorney’s fees to the state. Hill v. State, 618 So. 2…
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Barone v. State, 222 So. 3d 1235 (Fla. 5th DCA 2017)…652 So. 2d 1192, 1193 (Fla. 4th DCA 1995) (“Appellant’s alternative argument (that the court should not, absent agreement by Appellant, determine the amount of restitution without a hearing when one is requested) has merit.” (citing Miller v. State, 603 So. 2d 114 (Fla. 4th DCA 1992); Pellot v. State, 582 So. 2d 124 (Fla. 4th DCA 1991))). Below, Appellant specifically objected to the restitution amounts proposed for Chase Bank and Wells Fargo Bank and requested the trial court to conduct a restitution heari…
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Authorities Cited
- State v. Butz, 568 So. 2d 537 (Fla. 4th DCA 1990)
- Pellot v. State, 582 So. 2d 124 (Fla. 4th DCA 1991)
- Daniels v. State, 581 So. 2d 970 (Fla. 5th DCA 1991)