JERRY GARY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We affirm appellant's convictions and sentence except for the trial court’s order which imposed a civil restitution hen pursuant to the Florida Civil Restitution Lien and Crime Victims’ Remedy Act of 1994 (§§ 960.29-960.297, Fla.Stat. (Supp.1994)) in the amount of $15,000.
Appellant committed his crimes on August 29, 1992. The effective date of the subject Act was July 1, 1994. Ch. 94-342, § 24, Laws of Fla. Because the restitution of the type imposed by the trial court was not a prescribed means of punishment at the time appellant committed his crimes in this case, it was error to impose such upon appehant. Bunting v. State, 361 So. 2d 810 (Fla. 4th DCA 1978). Accordingly, we reverse and remand with direction to strike the order imposing restitution pursuant to the Florida Civil Restitution Lien and Crime Victims’ Remedy Act of 1994.
Appehant’s failure to object to the above order at sentencing is irrelevant as the order constituted an illegal sentence.
GLICKSTEIN, WARNER and KLEIN, JJ., concur.
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Goad v. Fla. Dep't OF Corr., 845 So. 2d 880 (Fla. 2003)…QUINCE, J. We have for review the decision of the First District Court of Appeal in State Department of Corrections v. Goad, 754 So. 2d 95 (Fla. 1st DCA 2000), which certified conflict with Gary v. State, 669 So. 2d 1087 (Fla. 4th DCA 1996), and Alberts v. State, 711 So. 2d 635 (Fla. 2d DCA 1998). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. For the reasons expressed below, we approve the First District’s decision and hold that sections 960.293 and 960.297,…
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State v. Goad, 754 So. 2d 95 (Fla. 1st DCA 2000)…NCUR. . Although the issue has not been resolved in the Florida Supreme Court, the Fourth District Court of Appeal has decided that the Florida Civil Restitution Lien and Crime Victims’ Remedy Act cannot be applied retroactively. See Gary v. State, 669 So. 2d 1087 (Fla. 4th DCA 1996). Although perhaps in dicta, the Second District Court of Appeal has also suggested that the Act cannot be applied retroactively. See Alberts v. State, 711 So. 2d 635 (Fla. 2d DCA 1998). For the reasons expressed in this opinion,…
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Alberts v. State, 711 So. 2d 635 (Fla. 2d DCA 1998)…tion that the trial court had continuing jurisdiction to enter a restitution hen order, cannot be apphed retroactively to Al-berts because her offense in Case No. 87-09025 was committed prior to the effective date of that statute. See Gary v. State, 669 So. 2d 1087 (Fla. 4th DCA 1996). Reversed and remanded. THREADGILL and CASANUEVA, JJ., concur.…
Authorities Cited
- Bunting v. State, 361 So. 2d 810 (Fla. 4th DCA 1978)