LUKE CHAMBERLAIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1999-12-08
No. 99-3331
DELL, POLEN and GROSS, JJ., concur.
746 So. 2d 1189 Florida District Court of Appeal, Fourth District (1999) Positive Treatment
Cited by 8 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed without prejudice to appellant’s right to refile the motion in 30 days complying with the requirements of Florida Rule of Criminal Procedure 3.850 as outlined in the state’s response. See Fla. R. Civ. P. 3.987.

DELL, POLEN and GROSS, JJ., concur.


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Citator

Cited By

  • Payne v. State, 873 So. 2d 621 (Fla. 2d DCA 2004)
    …tatute, the subsections should be read in pari materia). Doing so in this instance leads to the conclusion that the circuit court has discretion not to award the entire amount requested by the Crimes Compensation Trust Fund. Cf. Strickland v. State, 746 So. 2d 1189, 1190 (Fla. 2d DCA 1999) (construing the foregoing statutes and holding that, even when the Crimes Compensation Trust Fund seeks restitution, a defendant is entitled to an evidentiary hearing if he or she objects). While Payne did receive a restitu…
  • Antinori Harris v. State, 816 So. 2d 245 (Fla. 3d DCA 2002)
    …e Reyes v. State, 700 So. 2d 458 (Fla. 4th DCA 1997); Miller v. State, 430 So. 2d 611 (Fla. 4th DCA 1983). However, since the defendant objected to the restitution amount, the case must be remanded for a restitution hearing. See Strickland v. State, 746 So. 2d 1189 (Fla. 2d DCA 1999). Affirmed and remanded for a restitution hearing.…
  • State v. Dixon, 308 So. 3d 1121 (Fla. 2d DCA 2020)
    …nt] objected to the amount of restitution, the trial court was required to hear evidence on the matter." (first citing § 775.089(7), Fla. Stat. (2002), and then citing Smith v. State, 801 So. 2d 1043, 1045 (Fla. 5th DCA 2001))); Strickland v. State, 746 So. 2d 1189, 1190 (Fla. 2d DCA 1999) ("When a defendant objects to restitution and requests proof by the State of the restitution amount, he is entitled to separate hearing." (quoting Noonan v. State, 709 So. 2d 635 (Fla. 2d DCA 1998))); Gardipee v. State, 620…

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