DAVID LOPEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1998-10-09
No. 97-01885
PATTERSON, A.C.J., NORTHCUTT, J., and DANAHY, PAUL W., Jr., Senior Judge, concur.
718 So. 2d 1262 Florida District Court of Appeal, Second District (1998) Positive Treatment
Cited by 4 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

David Lopez challenges his sentence imposed upon his conviction for grand theft automobile. The State concedes, and we agree, that the trial court erred in ordering restitution on the grand theft conviction for damages sustained by the victims in fifteen separate crimes which ultimately resulted in misdemeanor convictions.1 See McMonagle v. State, 696 So. 2d 830 (Fla. 2d DCA 1997) (error to require defendant to pay restitution for damages occurring in crime unrelated to crime for which he was being sentenced). Accordingly, we remand to the trial court to strike that portion of the probation order requiring restitution for the • damages incurred in the commission of the misdemeanor offenses.

Remanded with directions.

PATTERSON, A.C.J., NORTHCUTT, J., and DANAHY, PAUL W., Jr., Senior Judge, concur. . Appellant objected to the trial court’s imposition of restitution.


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  • Burnett v. State, 745 So. 2d 1043 (Fla. 2d DCA 1999)
    …gainst each sentence for time spent in jail only for the charge which led to the sentence. A trial court would be correct in relying on Keene, but only in regard to jail credit; prison credit is handled differently. This court, in Staschak v. State, 718 So. 2d 1262 (Fla. 2d DCA 1998), explained the controlling principle on prison credit in simple terms: The sole issue Staschak raises is the propriety of the sentencing judge’s failure to award him, upon violating probation on felony A, credit for earlier priso…
  • Hampton v. State, 780 So. 2d 922 (Fla. 1st DCA 2001)
    …onclusively refute these allegations, we reverse the summary denial of those two claims. On remand, the trial court is directed to evaluate appellant’s prison credit claim in light of Tripp v. State, 622 So. 2d 941 (Fla.1993), and Staschak v. State, 718 So. 2d 1262 (Fla. 2d DCA 1998). Should the trial court again deny the appellant’s remaining claims, it must attach portions of the record conclusively demonstrating that the appellant is not entitled to relief. The order denying relief is affirmed in all other…
  • Hopps v. State, 725 So. 2d 1204 (Fla. 2d DCA 1999)
    …charge which led to the sentence. The trial court is correct in relying on Keene, but only in regard to jail credit; prison credit is handled differently. This court recently explained the controlling principle in simple terms in Staschak v. State, 718 So. 2d 1262 (Fla. 2d DCA 1998): The sole issue Staschak raises is the propriety of the sentencing judge’s failure to award him, upon violating probation on [*1205] felony A, credit for earlier prison time served on felony B, when the prison sentence in felony…

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