DAVID RAGATZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Determination cases and more on FLexlaw
POLEN, Judge.
David Ragatz pled guilty to grand theft of boat parts. He was placed on three years probation and ordered to pay restitution. Ragatz appeals the trial court’s determination of the amount of $7,267.49 as restitution, as well as the trial court’s decision to have the probation officer determine his ability to pay the restitution. We affirm and write only to clarify that under normal circumstances it is error for the trial court to delegate to probation its responsibility to determine the defendant’s ability to pay. See Strickland v. State, 610 So. 2d 705 (Fla. 4th DCA 1992) (trial court erred by delegating to probation its responsibility to determine defendant’s ability to pay and determine the amount of monthly payments). However, at bar any such error was invited as defense counsel specifically asked for probation “to do an ability to pay.” See Buggs v. State, 640 So. 2d 90 (Fla.1st DCA 1994) (party may not make or invite error at trial and then take advantage of the error on appeal).
AFFIRMED.
GLICKSTEIN and WARNER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Krasnick v. State, 691 So. 2d 523 (Fla. 4th DCA 1997)…. Finally, Krasnick is precluded from alleging error in his ability to make the $30.00 per month restitution payments. If error occurred, Krasnick expressly invited such error by asking the court to accept a $30.00 monthly payment. Ragatz v. State, 679 So. 2d 62 (Fla. 4th DCA 1996). PARIENTE and GROSS, JJ., concur. . The case of Carmen Krasnick has not been consolidated with that of Lawrence Krasnick. The opinion concerning her appeal is contained in case No. 95-3457, 691 So. 2d 524 (Fla. 4th DCA March 26…
-
Lewis v. State, 695 So. 2d 1296 (Fla. 4th DCA 1997)…We reverse the trial court’s order modifying the condition of probation. A trial court may not delegate the responsibility for determining a defendant’s ability to pay and the amount of monthly payments to a probation officer. See Ragatz v. State, 679 So. 2d 62 (Fla. 4th DCA 1996); A.J. v. State, 677 So. 2d 935 (Fla. 4th DCA 1996); Strickland v. State, 610 So. 2d 705 (Fla. 4th DCA 1992). We remand this cause with instructions to the trial court to determine appellant’s ability to pay and establish a paymen…
Authorities Cited
- Pointe Sav. Bank v. Sari Garshall, 610 So. 2d 705 (Fla. 4th DCA 1992)
- Strickland v. State, 610 So. 2d 705 (Fla. 4th DCA 1992)
- Metro. Dade Cnty. v. Thomas Knight and the Eleventh Judicial Circuit, 640 So. 2d 90 (Fla. 3d DCA 1994)
- Buggs v. State, 640 So. 2d 90 (Fla. 1st DCA 1994)