BILLIE J. MASSIE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The appellant challenges a $6,000 restitution award resulting from his grand theft conviction. As the appellant contends, and the state concedes, the state failed to put on evidence regarding the amount of the victim’s loss. Thus, we reverse the restitution award and remand for a new restitution hearing. See § 775.089(7), Fla.Stat. (Supp. 1992); Winborn v. State, 625 So. 2d 977 (Fla. 2d DCA 1993). At the hearing on remand, however, the appellant is not entitled to present evidence as to his ability to pay because he agreed to pay restitution as part of his plea agreement and he did not seek to present evidence at the original restitution hearing regarding an inability to pay. See Blasco v. State, 601 So. 2d 1264 (Fla. 3d DCA 1992). Of course, in any subsequent enforcement proceeding based on the appellant’s failure to comply with the restitution provisions of probation, the appellant may defend based on his financial inability to pay. See § 948.06(4), Fla.Stat. (1991).
Reversed and remanded.
THREADGILL, A.C.J., and PATTERSON and FULMER, JJ., concur.
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Trice v. State, 655 So. 2d 1270 (Fla. 2d DCA 1995)…t be imposed without notice and hearing pursuant to Florida Rule of Criminal Procedure 3.720(d)(1). The appellant is also correct concerning the lack of notice or opportunity to be heard on the amount of the restitution award. See Massie v. State, 635 So. 2d 110 (Fla. 2d DCA 1994); Winbom v. State, 625 So. 2d 977 (Fla. 2d DCA 1993). We, therefore, reverse the restitution award and remand for a new restitution hearing. Affirmed in part, reversed in part and remanded for further proceedings. BLUE and QUIN…
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Iaconetti v. State, 869 So. 2d 695 (Fla. 2d DCA 2004)…notice or hearing. Exilorme, 857 So. 2d at 340. It is also reversible error to impose restitution in the absence of any evidence as to the amount of restitution properly owed. S.A.S. v. State, 820 So. 2d 449, 450 (Fla. 2d DCA 2002); Massie v. State, 635 So. 2d 110, 111 (Fla. 2d DCA 1994). In this case, there is absolutely nothing in the record to show that Iaconetti was provided with either notice or an opportunity to be heard before the trial court imposed restitution in case number 02-9172. While Iaconetti…
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Sims v. State, 637 So. 2d 21 (Fla. 4th DCA 1994)…s v. State, 575 So. 2d 1379 (Fla. 5th DCA 1991); Goble v. State, 568 So. 2d 91 (Fla. 1st DCA 1990). Because defendant did not object to the imposition of restitution or present evidence on his inability to pay, any error was waived. Massie v. State, 635 So. 2d 110 (Fla. 2d DCA 1994); Bolling; Padilla; Blasco v. State, 601 So. 2d 1264 (Fla. 3d DCA 1992). Additionally, restitution was not ordered as a condition of probation, but pursuant to section 775.089(3)(b)(2), Florida Statutes (1993) which requires payme…
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- Winborn v. State, 625 So. 2d 977 (Fla. 2d DCA 1993)
- Blasco v. State, 601 So. 2d 1264 (Fla. 3d DCA 1992)