BRUCE FILMORE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1995-06-07
No. 94-1808
STONE and FARMER, JJ., concur.
656 So. 2d 535 Florida District Court of Appeal, Fourth District (1995) Positive Treatment
Cited by 12 cases

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Holding

The court held that a trial court must consider a defendant's financial resources before imposing restitution.

Facts & Procedural History

The defendant was convicted of attempted first-degree murder with a firearm and sentenced, including restitution. The trial court did not make finding…

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Topics
Financial Resources Ability To Pay Restitution Evidentiary Hearing

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Opinion of the Court
GUNTHER, Judge.

GUNTHER, Judge.

Appellant, Bruce Filmore, defendant below (Filmore), appeals his judgment of conviction and sentence for attempted first degree murder with a firearm. We affirm in all respects except one.

Filmore contends that the trial court failed to comply with statutory law requiring a determination of all factors, including Appellant’s ability to pay, prior to imposing restitution. The State concedes that the trial court made no findings concerning Appellant’s ability to pay restitution.

Repeatedly we have held that the trial court must consider a defendant’s financial resources prior to the imposition of restitution. Denmark v. State, 588 So. 2d 324, 325 (Fla. 4th DCA 1991) and cases cited therein. Section 775.089(6), Florida Statutes (1993), directs restitution only after the trial court considers the financial resources of the defendant, the present and potential future financial needs and earning ability of the defendant, and such other factors which it deems appropriate. Thus, we remand with directions that the provision for restitution be stricken, or, alternatively, that the trial court hold an evidentiary hearing to determine the ability of appellant to pay restitution. See McInnis v. State, 605 So. 2d 153 (Fla. 4th DCA), rev. denied, 613 So. 2d 6 (Fla.1992).

Accordingly, we reverse the trial’s order and remand this case for further proceedings consistent with this opinion. AFFIRMED IN PART; REVERSED IN PART AND REMANDED.

STONE and FARMER, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • del Valle v. State, 80 So. 3d 999 (Fla. 2011)
    …titution award without a hearing. Additionally, the trial court did not consider appellant’s financial resources or ability to pay. For these reasons, we reverse the restitution order and remand for an evidentiary hearing.” (citing Filmore v. State, 656 So. 2d 535 (Fla. 4th DCA 1995))), review denied 39 So. 3d 320 (Fla. 2010), and cert. denied, - U.S. -, 131 S.Ct. 476, 178 L.Ed.2d 302 (2010); Exilorme v. State, 857 So. 2d 339, 340 (Fla. 2d DCA 2003) ("Section 775.089(7) requires a hearing, before restitution…
  • L.S. v. State, 975 So. 2d 554 (Fla. 4th DCA 2008)
    …any potential restitution at the hearing to determine whether he was even guilty of the charge. Imposition of a fixed amount of restitution without notice or hearing is error. A.B. v. State, 910 So. 2d 415, 417 (Fla. 4th DCA 2005); Filmore v. State, 656 So. 2d 535, 535 (Fla. 4th DCA 1995). Adjudication of delinquency affirmed; restitution order reversed. WARNER and GROSS, JJ., concur.…
  • A.B. v. State, 910 So. 2d 415 (Fla. 4th DCA 2005)
    …restitution hearing and the resulting order became a nullity. Procedurally, a trial court must first consider the financial situation of a defendant, and his or her ability to pay, before determining an amount of restitution. See Filmore v. State, 656 So. 2d 535, 535 (Fla. 4th DCA 1995); see also § 775.089(6), Fla. Stat. (2005). Moreover, restitution for pain and suffering is permitted when juveniles are required to pay for any damage caused by their offense. C.W. v. State, 655 So. 2d 87, 88 (Fla.1995).1 Ac…

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