LAWRENCE KRASNICK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1997-03-26
No. 95-3623
PARIENTE and GROSS, JJ., concur.
691 So. 2d 523 Florida District Court of Appeal, Fourth District (1997) Positive Treatment
Cited by 4 cases

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Synopsis

Lawrence Krasnick appeals the revocation of his probation for failure to pay $750,000 in restitution and supervision costs. The Fourth District Court of Appeal affirms the probation revocation, holding that Krasnick's complete failure to make any restitution payments between 1990 and 1994 constituted a willful and substantial violation of his probation conditions.


Holding

The probation revocation is affirmed. The trial court did not err in finding that Krasnick violated his probation by failing to make any restitution payments between 1990 and 1994, nor did it err in finding he had the ability to pay restitution. Additionally, Krasnick invited any error regarding the $30 monthly payment amount by requesting that sum from the court.


Headnotes

[1] A defendant waives appellate review of an alleged error in a probation order by failing to seek a correction of that error in the trial court or by direct appeal.

[2] An absolute failure to make any effort toward monthly restitution payments can render harmless any alleged error in the creation of the original payment schedule.

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Key Quotes

“Based on the evidence presented, Judge Taylor found the Krasnicks had the ability to make a good faith restitution payment of $50.00 per month. She found they violated a special condition of probation by failing to make any payment toward restitution, and further found the violations were willful and substantial.”

Establishes the trial court's findings that formed the basis for probation revocation

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Facts & Procedural History

In January 1989, Krasnick pled guilty to charges arising from a coupon fraud scheme and was sentenced to five years imprisonment followed by five year…

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Opinion of the Court
POLEN, Judge.

POLEN, Judge.

Lawrence Krasnick appeals an order revoking his probation for failure to pay restitution of $750,000 and costs of supervision. We affirm.

In January of 1989, Krasnick and his wife, Carmen, pled guilty to several charges arising out of a coupon fraud scheme. He was sentenced to five years imprisonment, to be followed by five years of probation, and his wife was sentenced to five years probation. Krasnick’s order of probation included two special conditions: 1) payment of $750,000 in restitution, to be paid within three years after his release; and 2) payment of investigative costs. Carmen Krasnick was jointly and severally liable for payment of these amounts, and her probation order contained identical terms.

Lawrence Krasnick was released from prison in July of 1990, and in January of 1991, was charged with violating his probation for failure to make restitution payments. The court dismissed the violation warrant and granted an extension of the couples’ payment of restitution to a period ending one month prior to expiration of probation. A second violation warrant was filed against Carmen Krasnick1 in December of 1993, based on the fact her probation was to terminate in January of 1994, and restitution had not been paid. In July of 1994, a similar warrant was filed against Lawrence Kras-nick.

The Krasnicks appeared together before Seventeenth Circuit Judge Carole Y. Taylor, whom we commend for her handling of this case. Based on the evidence presented, Judge Taylor found the Krasnicks had the ability to make a good faith restitution payment of $50.00 per month. She found they violated a special condition of probation by failing to make any payment toward restitution, and further found the violations were willful and substantial. During sentencing, the Krasnicks informed the court they would have to be imprisoned because they could not afford to pay $50.00 per month. Lawrence Krasnick asked the court: “Can you take $30.00?” Judge Taylor revoked probation as to both Lawrence and Carmen Krasnick, and placed both on probation for five years with the special condition they pay restitution of $30.00 per month.

Lawrence Krasnick raises four points on appeal, including allegations of error in the admission of certain evidence and in the court’s finding he had an ability to pay restitution.

We affirm as to all points, and write only to address Krasnick’s contention the court erred in finding he violated his probation because his 1989 payment schedule was determined by a probation officer rather than the court. Our review of the record reveals Krasnick raises this issue for the first time in this appeal. The Krasnicks failed to seek a correction of alleged error by way of appeal following entry of the original probation order, or in 1991, when they appeared before the trial court.

Therefore appellate review of this issue has been waived.

We note, however, had the issue been properly presented, we would conclude the Krasnicks’ absolute failure to make any effort toward monthly payment of restitution between 1990 and 1994, renders harmless any alleged error in the creation of the 1989, payment schedule. We will not justify Krasnick’s argument, when this record reveals he pled guilty and was sentenced in 1989, yet he delayed making his first monthly restitution payment until January of 1994.

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, 1997).


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Citator

Cited By

  • Krasnick v. State, 691 So. 2d 524 (Fla. 4th DCA 1997)
    …PER CURIAM. Carmen Krasnick alleges error in the trial court’s order revoking her probation. Her points on appeal, while worded slightly differently, are identical to those raised by her husband and codefendant in Krasnick v. State, 691 So. 2d 523 (Fla. 4th DCA 1997). In that case we affirmed the order revoking Lawrence Krasnick’s probation, writing only to note the Krasnicks waived review of alleged deficiencies in the 1989 probation order. As we said in that opinion, had the issue been prop…
  • City of Miami Beach v. Adalberto Cosme, 388 So. 3d 944 (Fla. 3d DCA 2024)
    …he procedure employed, ---PAGE 9--- the issue will be considered waived.”); Ashley v. State, 642 So. 2d 837, 838 (Fla. 3d DCA 1994) (“[T]he [appellant] can[not] take advantage on appeal of the situation he created at trial.”); Krasnick v. State, 691 So. 2d 523, 524 (Fla. 4th DCA 1997) (concluding appellate review of issue raised for first time on appeal has been waived); Bryan v. Bryan, 930 So. 2d 693, 697 (Fla. 3d DCA 2006) (“[U]nder the invited-error doctrine, a party may not make or invite error at…
  • Archer v. State, 309 So. 3d 287 (Fla. 5th DCA 2020)
    …A 2012); Rosen v. State, 940 So. 2d 1155, 1161 (Fla. 5th DCA 2006) (based 8 on doctrine of invited error, even if verdict is incorrect, defendant may not sandbag trial court by requesting a ruling, which he later tries to appeal); Krasnick v. State, 691 So. 2d 523, 524 (Fla. 4th DCA 1997) (invited error incorporated into condition of probation will not be reversed); Ashley v. State, 642 So. 2d 837, 838 (Fla. 3d DCA 1994) (any procedural error was invited by defendant who cannot take advantage on appeal of sit…

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