KENNY LAYNE HILLMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
KENNY LAYNE HILLMAN, APPELLANT,
STATE OF FLORIDA, APPELLEE
636 So. 2d 181
Florida District Court of Appeal, Fifth District (1994)
Positive Treatment
Cited by 2 cases
Opinion of the Court
W. SHARP, Judge.
Hillman appeals a special condition of his three-year probationary sentence, after he pled nolo contendere to burglary of a structure.1 Hillman argues the trial court erred in setting a provision which requires restitution to be payable at a rate determined by his probation officer. We reverse because this court has held that it is improper for anyone other than a judge to set a payment schedule for amounts owed in restitution. Casto v. State, 615 So. 2d 792 (Fla. 5th DCA 1993); Boss v. State, 613 So. 2d 525 (Fla. 5th DCA 1993).
Accordingly, we reverse and remand to the trial court to set a payout rate on the restitution.
REVERSED AND REMANDED.
DIAMANTIS and THOMPSON, JJ., concur. . Section 810.02(3), Fla.Stat. (1989)
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Pickett v. State, 678 So. 2d 857 (Fla. 5th DCA 1996)…identiary hearing.1 See Weeks; Coleman v. State, 651 So. 2d 239 (Fla. 5th DCA 1995). Further, it was error for the court to direct the probation officer to set the restitution payment schedule as only the trial court may do so. See Hillman v. State, 636 So. 2d 181 (Fla. 5th DCA 1994). Finally, the State concedes that the $96 First Step fee should be stricken. We affirm appellant’s conviction, strike the probation provisions as discussed above, and remand for further proceedings consistent herewith. AFFIRME…
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Henderson v. State, 818 So. 2d 619 (Fla. 2d DCA 2002)…10 while the original appeal was still pending with this court. See State v. Miyasato, 805 So. 2d 818, 824 (Fla. 2d DCA 2001) (noting that the effect [*621] of mandate is to return full jurisdiction of the case to the trial court); Wilson v. State, 636 So. 2d 181, 182 (Fla. 5th DCA 1994) (vacating a sentence and remanding for resentencing because the trial court had no jurisdiction to sentence the defendant before mandate issued). Thus, the original resentencing was conducted, and the only written judgment a…
Authorities Cited
- Boss v. State, 613 So. 2d 525 (Fla. 5th DCA 1993)
- Casto v. State, 615 So. 2d 792 (Fla. 5th DCA 1993)