ROBERT ROY SPEER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2011-01-07
No. 5D10-1080
MONACO, C.J. and JACOBUS, J., concur.
51 So. 3d 602 Florida District Court of Appeal, Fifth District (2011) Caution
Cited by 4 cases

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Synopsis

Speer appeals restitution orders entered six months after sentencing, claiming they violate double jeopardy protections. The court affirms, holding that because the trial court explicitly reserved jurisdiction to determine complete restitution amounts at sentencing, the later orders completing the restitution obligation do not constitute an improper sentence increase.


Holding

The orders do not violate double jeopardy because the trial court had not previously entered a final order establishing Speer's full restitution obligation. Since the court explicitly reserved jurisdiction to determine the remainder of the restitution obligation at sentencing, the later orders simply completed an incomplete sentence rather than increasing it.


Headnotes

[1] A trial court may retain jurisdiction to determine the amount of restitution owed to victims even after an initial sentencing hearing, provided no final order establishin…

[2] A court's reservation of jurisdiction to determine the full amount of restitution does not preclude it from later entering orders to complete an incomplete restitution se…

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Key Quotes

“An order of restitution may be imposed at the time of sentencing or within sixty days thereafter... If an order of restitution has been entered in a timely manner, a court can determine the amount of restitution beyond the sixty-day period.”

Establishes the legal framework allowing courts to determine restitution amounts beyond the initial sentencing or sixty-day window if jurisdiction is properly reserved.

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Facts & Procedural History

Speer pleaded guilty to fraudulent use of personal identification information and contracting without a license. At sentencing, the trial court ordere…

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Opinion of the Court
EVANDER, J.

EVANDER, J.

Speer appeals from orders establishing restitution amounts entered approximately six months after his sentencing hearing. Contrary to his assertions, no double jeopardy violation occurred.

Speer entered a guilty plea to the charge of fraudulent use of personal identification information1 and contracting without a license or certificate.2 The plea agreement called for Speer to be placed on probation with a special condition of making restitution to the victims of his crimes. During the plea hearing, Speer was advised that the State would be seeking restitution in the amount of $4,567 for one of the victims (Precision Aluminum), as well as restitution for Speer’s other victims. The trial court specifically advised Speer that it would be entering one restitution order that day, but reserving jurisdiction to determine the amount of restitution owed to the other victims. Speer acknowledged his understanding that the full amount of his restitution obligation would not be determined that day. The trial court accepted Speer’s plea and sentenced him in accordance with the plea agreement. Speer’s probation order included the following special conditions:

Court Retains Jurisdiction for Restitution Purposes.
Defendant must make restitution to vie-tim(s).

The trial court also entered an order requiring Speer to pay $4,567, as restitution, to Precision Aluminum.

Approximately six months later, over Speer’s objection, the trial court held a hearing to determine the restitution amounts to be paid to Speer’s three other victims. At the conclusion of the hearing, separate restitution orders were entered as to each of the victims.

An order of restitution may be imposed at the time of sentencing or within sixty days thereafter. State v. Sanderson, 625 So.2d 471, 472-73 (Fla.1993). If an order of restitution has been entered in a timely manner, a court can determine the amount of restitution beyond the sixty-day period. Sanderson, 625 So.2d at 473; see also L.O. v. State, 718 So.2d 155 (Fla.1998); Kittelson v. State, 980 So.2d 533 (Fla. 5th DCA 2008). However, once the court has entered a final order setting the full amount of restitution, jeopardy attaches, thereby precluding the court from increasing that amount. Kittelson, 980 So.2d at 535; see also Ely v. State, 855 So.2d 90, 91 (Fla. 2d DCA 2003) (where *604court entered order awarding no restitution, order was final even if based on erroneous information and could not be subsequently modified); Strickland v. State, 681 So.2d 929, 930 (Fla. 3d DCA 1996) (where trial court ordered defendant to pay victim’s medical bills as restitution and determined amount “that everyone took ... as the final amount,” amount could not subsequently be increased).

Speer argues that the later orders constituted an improper increase of his sentence in violation of the constitutional protection against double jeopardy. We reject this argument because the trial court had not previously entered a final order that established (or purported to establish) Speer’s full restitution obligation. Rather, the trial court had ordered Speer to make full restitution to his victims, had made a partial detei'mination of Speer’s restitution obligation, and had reserved jurisdiction to determine the remainder of that obligation. Thus, the trial court did not increase Speer’s sentence. It simply made complete the incomplete sentence that had been imposed at the earlier hearing.

AFFIRMED.

MONACO, C.J. and JACOBUS, J., concur.


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Citator

Cited By

  • Elliot Martinez v. State, 91 So. 3d 878 (Fla. 5th DCA 2012)
    …urposes of double jeopardy. Therefore, the trial court erred by increasing the costs after the defendant had begun serving his sentence. Accordingly, we reverse and remand for the court to strike the extradition costs order. Contrast Speer v. State, 51 So. 3d 602 (Fla. 5th DCA 2011) (holding that restitution orders entered six months after sentencing did not violate double jeopardy principles where sentencing court had expressed intent to determine full amount later). REVERSED and REMANDED. EVANDER, J., co…
  • Leight v. State, 177 So. 3d 703 (Fla. 1st DCA 2015)
    …PER CURIAM. AFFIRMED. See Speer v. State, 51 So. 3d 602 (Fla. 5th DCA 2011). SWANSON, OSTERHAUS, and KELSEY, JJ., concur.…

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