FRANCIS MERCURI, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• C.W. v. State, 637 So. 2d 28 (Fla. 2d DCA 1994)
  …to be zero unless someone objected within thirty days. Quite simply, since the state failed to object within the thirty-day limit, the court lost jurisdiction of the matter, and restitution was finally and permanently set at zero. See J.C. v. State, 632 So. 2d 1092 (Fla. 2d DCA 1994). For this reason, the State v. Sanderson, 625 So. 2d 471 (Fla.1993), exception to the sixty-day rule does not apply. Although the state argues that C.W. waived the jurisdictional argument for failing to raise it below, it is axio…
• Bain v. State, 642 So. 2d 578 (Fla. 5th DCA 1994)
  …581] pay. It also appears, however, that if a court sets a low restitution amount based on her pleas of perpetual poverty and yet Bain later manifests the ability to pay, the court will be unable to increase the amount of restitution. J.C. v. State, 632 So. 2d 1092 (Fla. 2d DCA 1994). The dissent’s suggestion that the order of restitution should be delayed does not solve the problem. It also appears inconsistent with the supreme court’s expressed view that restitution should be ordered at the earliest possible…
• V.B. v. State, 944 So. 2d 1185 (Fla. 1st DCA 2006)
  …er setting the amount of restitution, jeopardy attaches, notwithstanding that its entry was the result of faulty information, thereby precluding the court from modifying the amount.2 See Ely v. State, 855 So. 2d 90 (Fla. 2d DCA 2003); J.C. v. State, 632 So. 2d 1092 (Fla. 2d DCA 1994). Although the court below did not enter a formal written order, it clearly appears from our review of the record that the court accepted the state’s announcement of no restitution and that the proceeding then terminated. Cf Dolin…

Authorities Cited

• State v. Stalder, 630 So. 2d 1072 (Fla. 1994)