DANIEL L. SMALLWOOD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We affirm the convictions in this case. We affirm the sentences except for the following matters. We strike special condition of probation number 6 because it was not announced at sentencing. We instruct that the order of probation be corrected to reflect that the defendant was found guilty by the verdict of a jury. We reverse the order setting the amount of restitution because it was entered after the notice of appeal was filed. Skaggs v. State, 620 So. 2d 1304 (Fla. 2d DCA 1993). On remand, the trial court may reimpose the amount of restitution because it had reserved jurisdiction to do so. Id. See also State v. Sanderson, 625 So. 2d 471 (Fla.1993) (holding that if order of restitution has been entered in timely manner, the court can determine the amount of restitution beyond the sixty-day period).
Affirmed in part; reversed in part.
DANAHY, A.C.J., and CAMPBELL and ALTENBERND, JJ., concur.
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I.M. a child v. State, 917 So. 2d 927 (Fla. 1st DCA 2005)…So. 2d 965 (Fla.1988) (acknowledging trial court’s discretion to require defendant to pay full amount of restitution, or apportion restitution in appropriate amount, where defendant commits criminal offense in concert with others); Bourget v. State, 634 So. 2d 1109 (Fla. 2d DCA 1994) (finding no abuse of discretion in trial court’s making defendant jointly and severally liable with co-defendants in imposing restitution). At the conclusion of the second day of the restitution proceedings, defense counsel object…
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Gokay v. State (Fla. 2d DCA 2020)…n she was fourteen and he was twenty-two); Godley v. State, 659 So. 2d 447, 447 (Fla. 2d DCA 1995) (reversing a prohibition on excessive use of alcohol where alcohol was not involved in probationer's aggravated battery conviction); Bourget v. State, 634 So. 2d 1109, 1110 (Fla. 2d DCA 1994) (reversing a prohibition on possessing firearms and using intoxicants excessively where probationer was convicted of insurance fraud). Indeed, the trial court's discretion is not unfettered. "Discretion . . . is abused whe…
Authorities Cited
- State v. Gaines, 625 So. 2d 471 (Fla. 1993)
- Skaggs v. State, 620 So. 2d 1304 (Fla. 2d DCA 1993)