E.M., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Civil Remedy cases and more on FLexlaw
PER CURIAM.
We reverse the April 30, 1999 order reinstating appellant’s community control. The trial court was without the power to enter the order after previously terminating supervision.
We affirm the restitution order fixing the amount of restitution at $30,725.04. Section 985.231(l)(a)l.a., Florida Statutes (1999) “should be read to apply to payments mandated as a condition of community control, and not to the setting of a total amount of restitution in a restitution order.” M.H. v. State, 698 So. 2d 395, 396 (Fla. 4th DCA 1997) (discussing the effect of section 39.054(1)(a)1, Florida Statutes (1995)); see § 985.01(l)(c), Fla. Stat. (1999) (identifying as a purpose of Chapter 985 to provide “whenever possible restitution to the victim of the offense”). In this case, the practical effect of the restitution order is to leave open the possibility of a civil remedy under section 775.089(5).
AFFIRMED IN PART; REVERSED IN PART.
STONE, POLEN and GROSS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (15 total)
-
Wester v. State, 767 So. 2d 560 (Fla. 4th DCA 2000)…PER CURIAM. Affirmed. See Heggs v. State, 759 So. 2d 620 (Fla.2000)(revised opinion); Battle v. State, 761 So. 2d 1177 (Fla. 4th DCA 2000). KLEIN, STEVENSON and SHAHOOD, JJ., concur.…
-
Murray v. State, 764 So. 2d 825 (Fla. 4th DCA 2000)…re), then that person shall not be entitled to relief under our decision here. Appellant acknowledges the sentence he received under the 1995 guidelines falls within the sentencing range of the 1994 guidelines.1 We recently held in Battle v. State, 761 So. 2d 1177 (Fla. 4th DCA 2000), that no sentencing error occurs when the sentence imposed under the 1995 guidelines could have been imposed under the 1994 guidelines. Accordingly, we affirm. DELL, GUNTHER and SHAHOOD, JJ., concur. . Appellant was sentenced…
-
Merkt v. State, 764 So. 2d 865 (Fla. 4th DCA 2000)…620 (Fla.2000) (holding that defendant entitled to resen-tencing if the sentence imposed under the unconstitutional 1995 sentencing guidelines would constitute an impermissible departure sentence under the 1994 guidelines). See also Battle v. State, 761 So. 2d 1177 (Fla. 4th DCA 2000); Smith v. State, 761 So. 2d 419 (Fla. 2d DCA 2000).1 Appellant also challenges the assessment of victim injury points, which were not scored as part of his original sentence. In 1996 appellant pled guilty to two felonies: posses…
Previewing 3 of 15 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- M.H. v. State, 698 So. 2d 395 (Fla. 4th DCA 1997)