ANGEL MEDINA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ANGEL MEDINA, APPELLANT,
STATE OF FLORIDA, APPELLEE
633 So. 2d 578
Florida District Court of Appeal, Fourth District (1994)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We affirm appellant’s convictions. We also affirm his sentences for same except as to restitution.
The trial court imposed restitution upon appellant pursuant to section 775.089, Florida Statutes (1991). However, there was no hearing on the matter, nor did the trial court mention restitution in its oral pronouncement of sentence. The parties agree that a hearing must be conducted before restitution may be imposed. Williams v. State, 588 So. 2d 660 (Fla. 1st DCA 1991); see also Snell v. State, 502 So. 2d 489 (Fla. 4th DCA), rev. dismissed, 509 So. 2d 1119 (Fla.1987). Accordingly, we reverse the imposition of restitution and remand for a restitution hearing.
GLICKSTEIN, GUNTHER and STEVENSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Norman v. State, 659 So. 2d 722 (Fla. 1st DCA 1995)…and REMAND for further proceedings in accordance with section 775.089, Florida Statutes (1993). See Dubois v. State, 650 So. 2d 228 (Fla. 1st DCA 1995) (remand required where order of restitution entered without notice or hearing); Medina v. State, 633 So. 2d 578 (Fla. 4th DCA 1994) (written order of restitution remanded where trial court did not mention restitution in its oral pronouncement of sentence); Rhoden v. State, 622 So. 2d 122 (Fla. 1st DCA 1993) (written restitution order reversed where entered wi…
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Terry v. State, 791 So. 2d 1162 (Fla. 1st DCA 2001)…n order and remand for further proceedings consistent with section 775.089, Florida Statutes. See Rhoden, supra, at 123; Norman v. State, 659 So. 2d 722 (Fla. 1st DCA 1995)(citing Dubois v. State, 650 So. 2d 228 (Fla. 1st DCA 1995); Medina v. State, 633 So. 2d 578 (Fla. 4th DCA 1994); Rhoden, supra). AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings consistent with this opinion. ALLEN, C.J., ERVIN and BOOTH, JJ., CONCUR.…
Authorities Cited
- Lewis v. State, 502 So. 2d 489 (Fla. 2d DCA 1987)
- Snell v. State, 502 So. 2d 489 (Fla. 4th DCA 1987)
- Williams v. State, 588 So. 2d 660 (Fla. 1st DCA 1991)
- Antonietta Bauzon v. Bauzon, 588 So. 2d 660 (Fla. 1st DCA 1991)