BOBBY BARCLAY, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant appeals from a conviction of robbery with a firearm, an enhanced sentence of 25 years for a pattern of escalating criminal conduct, and an order to make restitution. He first urges error in the imposition of restitution because of a failure to find ability to pay; second, error in the imposition of enhanced sentence; and third, denial of due process in respect to his request for speedy trial. Save and except a proof as to ability to pay restitution, we affirm. Green v. State, 571 So. 2d 571, 573 (Fla. 3d DCA 1990); Oropesa v. State, 555 So. 2d 389 (Fla. 3d DCA 1989), rev. denied, 562 So. 2d 346 (Fla.1990); Velez v. State, 596 So. 2d 1197 (Fla. 3d DCA 1992); Williams v. State, 581 So. 2d 144 (Fla. 1991); Keys v. State, 500 So. 2d 134 (Fla.1986); State ex rel. McCrimmon v. Lester, 354 So. 2d 381 (Fla.1977), cert, denied, 439 U.S. 877, 99 S.Ct. 215, 58 L.Ed.2d 191 (1978); Garbett v. State, 484 So. 2d 1288 (Fla. 3d DCA), rev. denied, 492 So. 2d 1332,1335 (Fla.1986); Swisher v. State, 389 So. 2d 1236 (Fla. 1st DCA 1980).
We reverse the order for restitution and return to the trial court for further proceedings as to ability to pay.
Affirmed in part, reversed in part.
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Barclay v. Hairy K. Singletary, 642 So. 2d 583 (Fla. 3d DCA 1994)…rt failed to give him notice of intent to impose a departure sentence and failed to set forth written reasons for the departure sentence. This court held that: “Save and except a proof as to ability to pay restitution, we affirm.” Barclay v. State, 629 So. 2d 1065 [*585] (Fla. 3d DCA) review denied 639 So. 2d 975 (Fla.1994). On motion for rehearing before this court Petitioner’s counsel argued: “Most respectfully, we submit that the panel may have over looked or failed to consider the issues, arguments and ci…
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Barclay v. State, 651 So. 2d 218 (Fla. 3d DCA 1995)…PER CURIAM. Following our decision in Barclay v. State, 629 So. 2d 1065 (Fla. 3d DCA 1994), this matter recurred in the trial court. Defendant was not present but was represented by counsel, an assistant state attorney was also present. There was some confusion over what this court’s mandate required. Defendant’s counse…
Authorities Cited
- Keys v. State, 500 So. 2d 134 (Fla. 1986)
- Williams v. State, 581 So. 2d 144 (Fla. 1991)
- Green v. State, 571 So. 2d 571 (Fla. 3d DCA 1990)
- Velez v. State, 596 So. 2d 1197 (Fla. 3d DCA 1992)
- Oropesa v. State, 555 So. 2d 389 (Fla. 3d DCA 1989)
- Larkin v. Quinn, 439 U.S. 877 (U.S. 1978)
- Garza v. Rodriguez, 439 U.S. 877 (U.S. 1978)
- Garbett v. State, 484 So. 2d 1288 (Fla. 3d DCA 1986)
- State of Fla. ex rel. Archie McCRIMMON v. Lester, 354 So. 2d 381 (Fla. 1977)
- Swisher v. State, 389 So. 2d 1236 (Fla. 1st DCA 1980)