KATINA IRENE SIMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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[*547] SALCINES, Judge.
Katina Irene Sims appeals the sentences and order of restitution imposed after she entered a plea of no contest to numerous drug offenses. The sentences are affirmed; however, the trial court erred when it ordered Sims to pay $1,022.31 in restitution to the State of Florida for the supervision costs of her unsuccessful probation and community control. The State does not qualify as a victim for payment of restitution pursuant to section 775.089(1)(c), Florida Statutes (1997). See Rodriguez v. State, 691 So. 2d 568, 569 (Fla. 2d DCA 1997). Accordingly, we direct the trial court to strike the order of restitution.
Further, the record before this court does not contain an order of revocation of probation specifying which conditions of probation were violated. Although we affirm the revocation of Sims’ probation, we must remand for the trial court to enter a written order specifying the conditions violated. See Watson v. State, 718 So. 2d 253, 254 (Fla. 2d DCA 1998).
Affirmed in part; reversed and remanded in part with directions.
THREADGILL, A.C.J., and GREEN, J., Concur.
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Citator
Cited By
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Wyon Dale Childers v. State, 936 So. 2d 585 (Fla. 1st DCA 2006)…Victim’ ”); Jones v. State, 846 So. 2d at 662-63 (Fla. 2d DCA 2003) (same); Sheppard v. State, 753 So. 2d 748, 748 (Fla. 2d DCA 2000) (“The Division of Insurance Fraud is not a ‘victim’ in this case and cannot receive restitution.’’); Sims v. State, 746 So. 2d 546, 547 (Fla. 2d DCA 1999) (“The State does not qualify as a victim for payment of restitution....”). . The statements made by the State during the revocation hearing are also admissible as opposing party admissions. See United States v. Morgan, 581 F…1 / 3
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Jones v. State, 846 So. 2d 662 (Fla. 2d DCA 2003)…). However, because Jones agreed to pay $50 in investigative costs to the sheriffs office as part of his written plea agreement, on remand the trial court may include this assessment as an individual condition of Jones’ probation. See Sims v. State, 746 So. 2d 546 (Fla. 2d DCA 1999); Stone v. State, 642 So. 2d 34 (Fla. 5th DCA 1994). Reversed and remanded with directions. SALCINES and SILBERMAN, JJ., Concur. . Jones preserved this issue for review by filing a motion to correct sentencing error pursuant t…
Authorities Cited
- Rodriguez v. State, 691 So. 2d 568 (Fla. 2d DCA 1997)
- Watson v. State, 718 So. 2d 253 (Fla. 2d DCA 1998)