RICO WISE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RICO WISE, APPELLANT,
STATE OF FLORIDA, APPELLEE
614 So. 2d 9
Florida District Court of Appeal, Second District (1993)
Positive Treatment
Cited by 2 cases
Opinion of the Court
BLUE, Judge.
Rico Wise appeals his sentence and order of restitution. A review of the record reveals no error in sentencing. However, the trial court improperly delegated to the Florida Department of Corrections its responsibility to determine the amount of restitution to be paid. Barron v. State, 598 So. 2d 181 (Fla. 2d DCA 1992); Bostic v. State, 504 So. 2d 794 (Fla. 2d DCA 1987). We reverse the order of restitution and remand to the trial court to determine an appropriate amount of restitution.
HALL, A.C.J., and PARKER, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Vandonick, 800 So. 2d 239 (Fla. 2d DCA 2001)…itution even though defendant’s debt to victims had been discharged in bankruptcy and victims did not object to discharge).1 Moreover, the courts have long recognized that setting a restitution amount is a nondelegable judicial duty. Wise v. State, 614 So. 2d 9 (Fla. 2d DCA 1993). If a court cannot imbue anyone else with authority to establish an appropriate restitution amount, neither can anyone else bestow that authority upon herself and thereby usurp the court’s power to perform its duty. Finally, the…
Authorities Cited
- Bostic v. State, 504 So. 2d 794 (Fla. 2d DCA 1987)
- Timmie Ray Barron v. State, 598 So. 2d 181 (Fla. 2d DCA 1992)