JAMES MCINNIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
In a previous appeal of appellant’s conviction and sentence, this court affirmed the conviction and sentence with the exception that the trial court was directed on remand to either strike the provision for restitution or grant an evidentiary hearing to determine appellant’s ability to pay. McInnis v. State, 605 So. 2d 153 (Fla. 4th DCA), rev. denied, 613 So. 2d 6 (Fla.1992). On remand, the trial court found the value of his property to be $23,000; that appellant had no present ability to pay; and entered a civil judgment for restitution in favor of the victim “in case the appellant should win the lottery.”
We reverse the new order of restitution which leaves the conviction and sentences as originally imposed without any provision for restitution since there is no support for same.
REVERSED AND REMANDED.
GUNTHER and PARIENTE, JJ., and DOWNEY, JAMES C., Senior Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Bain v. State, 642 So. 2d 578 (Fla. 5th DCA 1994)…order satisfying the restitution ordered to the extent of monies established by the judgment to be owed to her by the victims. . For these reasons, this case is unlike Istvanditsch v. State, 636 So. 2d 822 (Fla. 4th DCA 1994) and McInnis v. State, 624 So. 2d 856 (Fla. 4th DCA 1993).…
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Istvanditsch v. State, 636 So. 2d 822 (Fla. 4th DCA 1994)…o so. However a recent case from this court suggests that it is improper to award an amount of restitution that the defendant does not have the ability to pay on the basis that the defendant can pay if he is ever able to do so. See McInnis v. State, 624 So. 2d 856 (Fla. 4th DCA 1993). In Mclnnis, we reversed an order of restitution where the trial court found that the appellant had no present ability to pay the $23,000 awarded as restitution but entered a judgment for restitution notwithstanding “in case the…
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Ergos v. State, 670 So. 2d 1079 (Fla. 2d DCA 1996)…ion, to her homestead property. She complains, and we agree, that the sentencing court could not impose such Ken under article X, section 4 of the Florida Constitution. See Istvanditsch v. State, 636 So. 2d 822 (Fla. 4th DCA 1994); McInnis v. State, 624 So. 2d 856 (Fla. 4th DCA 1993); Downing v. State, 593 So. 2d 607 (Fla. 5th DCA 1992); cf. Butterworth v. Caggiano, 605 So. 2d 56 (Fla.1992) (constitutional homestead guarantee intended to preserve homestead against involuntary divestiture by the courts without…
Authorities Cited
- Sanders v. State, 605 So. 2d 153 (Fla. 4th DCA 1992)