TOMMY LEE CARTER, JR., MICHAEL JEROD CARTER, MELVIN EUGENE CARTER, BENNIE LEE WALKER, AND GARY KENT WASHINGTON, APPELLANTS,
v.
STATE OF FLORIDA, APPELLEE
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Appellants' convictions and probation conditions were affirmed, but the restitution condition for a shooting victim's death was reversed because appellants were acquitted of third-degree murder.
Restitution for a victim's death cannot be imposed as a probation condition when the defendant is acquitted of the murder charge.
[1] A probation condition requiring restitution for damages resulting from a charge of which the defendant was acquitted cannot be imposed.
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Join FLexlaw to unlock all legal intelligenceFive appellants were convicted of crimes related to a shooting incident. They were acquitted on the third-degree murder charge but convicted on other …
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BARFIELD, Judge.
Appellants’ convictions are affirmed, as are the conditions of probation to which no contemporaneous objections were raised. Larson v. State, 572 So. 2d 1368 (Fla.1991); McCarthren v. State, 635 So. 2d 1005 (Fla. 5th DCA 1994). See also Maxlow v. State, 636 So. 2d 548 (Fla. 2d DCA 1994); Navarre v. State, 608 So. 2d 525 (Fla. 1st DCA 1992); Boudreaux v. State, 578 So. 2d 457 (Fla. 1st DCA 1991). However, the condition requiring appellants to pay restitution for the shooting victim’s death, to which a contemporaneous objection was raised, is reversed in light of the fact that appellants were acquitted on the third degree murder charge.1
MINER and WOLF, JJ., concur. . See DeLong v. State, 638 So. 2d 1054 (Fla. 2d DCA 1994); Jackson v. State, 634 So. 2d 1102 (Fla. 4th DCA 1994); Burke v. State, 596 So. 2d 484 (Fla. 4th DCA 1992); Barkley v. State, 585 So. 2d 418 (Fla. 1st DCA 1991); Johnson v. State, 547 So. 2d 300 (Fla. 3d DCA 1989); Simmons v. State, 484 So. 2d 104 (Fla. 4th DCA 1986); Bass v. State, 462 So. 2d 572 (Fla. 4th DCA 1985). But see Durand v. State, 590 So. 2d 505 (Fla. 4th DCA 1991) ("there was a sufficient nexus between the crime for which the appellants were convicted and the damages to the victim"); Springs v. State, 553 So. 2d 279 (Fla. 3d DCA 1989) ("although the victim's injuries could have been sustained during the attempted murder, her wounds were inflicted during the course of the robbery”).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Carter v. State, 640 So. 2d 1237 (Fla. 1st DCA 1994)
Authorities Cited (16 total)
- Myren Wayne Larson v. State, 572 So. 2d 1368 (Fla. 1991)
- Boudreaux v. State, 578 So. 2d 457 (Fla. 1st DCA 1991)
- Barkley v. State, 585 So. 2d 418 (Fla. 1st DCA 1991)
- Maritza Barroso v. State, 547 So. 2d 300 (Fla. 3d DCA 1989)
- Johnson v. State, 547 So. 2d 300 (Fla. 3d DCA 1989)
- Cyrus L. McCARTHREN v. State, 635 So. 2d 1005 (Fla. 5th DCA 1994)
- Ford v. State, 484 So. 2d 104 (Fla. 4th DCA 1986)
- Navarre v. State, 608 So. 2d 525 (Fla. 1st DCA 1992)
- Combest v. State, 636 So. 2d 548 (Fla. 4th DCA 1994)
- Maxlow v. State, 636 So. 2d 548 (Fla. 2d DCA 1994)