THOMAS GARDIPEE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1993-06-23
No. 92-00374
FRANK, C.J., and BLUE, J., concur.
620 So. 2d 255 Florida District Court of Appeal, Second District (1993) Positive Treatment
Cited by 4 cases
Topics
Restitution Hearing Probation Conditions

Explore caselaw by topic → Browse Restitution Hearing cases and more on FLexlaw

Opinion of the Court
THREADGILL, Judge.

THREADGILL, Judge.

The appellant, Thomas Gardipee, appeals his judgments and sentences for attempted second-degree murder and armed trespass. We affirm, except for the order imposing restitution. At sentencing, the appellant objected to the amount of restitution being requested by the state. The trial court stated that the appellant would be permitted a restitution hearing; however, the restitution hearing was never held. The trial court imposed restitution as a condition of probation at sentencing with the amount to be determined at a later date. The trial court subsequently entered a restitution order for $54,419.87. This amount was based upon bills submitted by the victim at the sentencing hearing.

We reverse the order imposing restitution and remand for a restitution hearing. See Reynolds v. State, 598 So. 2d 188 (Fla. 1st DCA 1992). The appellant has the right to be present at the hearing.

Affirmed; remanded for hearing.

FRANK, C.J., and BLUE, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Barone v. State, 222 So. 3d 1235 (Fla. 5th DCA 2017)
    …Wells Fargo Bank and requested the trial court to conduct a restitution hearing. Although the trial court indicated that a hearing would be permitted, it nevertheless entered the restitution order without conducting a hearing. In Gardipee v. State, 620 So. 2d 255, 255 (Fla. 2d DCA 1993), the appellant objected to the amount of restitution being requested by the state during the sentencing hearing. While the trial court stated that the appellant would be permitted a restitution hearing, it was never held. The…
  • State v. Dixon, 308 So. 3d 1121 (Fla. 2d DCA 2020)
    …1189, 1190 (Fla. 2d DCA 1999) ("When a defendant objects to restitution and requests proof by the State of the restitution amount, he is entitled to separate hearing." (quoting Noonan v. State, 709 So. 2d 635 (Fla. 2d DCA 1998))); Gardipee v. State, 620 So. 2d 255, 256 (Fla. 2d DCA 1993) (reversing order imposing restitution where appellant objected to amount of restitution and trial court initially stated it would permit a restitution hearing but failed to do so); Barone, 222 So. 3d at 1236 ("A trial court s…
  • Lewis v. State (Fla. 2d DCA 2020)
    …(2002); and then citing Smith v. State, 801 So. 2d 1043, 1045 (Fla. 5th DCA 2001))); Strickland, 746 So. 2d at 1190 ("[S]ection 775.089(7) contemplates an evidentiary hearing when there is a dispute as to restitution."); see also Gardipee v. State, 620 So. 2d 255, 255-56 (Fla. 2d DCA 1993). We affirm Lewis's convictions and twenty-year sentences. However, because the restitution amount imposed is not supported by competent substantial evidence, we reverse the order of restitution as well as the written sent…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw