KONTNEY FAURISMA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2011-06-01
No. 2D10-179
ALTENBERND, KELLY, and KHOUZAM, JJ., Concur.
61 So. 3d 497 Florida District Court of Appeal, Second District (2011) Positive Treatment
Cited by 3 cases
Topics
Motion To Correct Sentencing Error Notice And Opportunity To Be Heard

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Kontney Faurisma appeals three orders granting restitution. He argues that the trial court erred in entering the restitution orders without providing him with notice, a hearing, or an opportunity to object. The State agrees that the trial court erred. See Iaconetti v. State, 869 So.2d 695 (Fla. 2d DCA 2004).

Mr. Faurisma preserved this issue for appeal by filing a motion to correct a sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b)(2). However, the trial court did not rule on the motion within sixty days so it is deemed denied. See Fla. R.Crim. P. 3.800(b)(1). Because the trial court should have held a hearing, required the State to prove the appropriate amount of restitution, and given Mr. Faurisma notice of the hearing and an opportunity to be heard, we must reverse the orders and remand for a de novo *498restitution hearing. See § 775.089(7), Fla. Stat. (2009); Iaconetti, 869 So.2d at 700.

Reversed and remanded.

ALTENBERND, KELLY, and KHOUZAM, JJ., Concur.

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  • Cricket Kathleen Toole v. State, 270 So. 3d 371 (Fla. 4th DCA 2019)
    …senting) ("A defendant has the ability to defeat the imposition of a restitution order, or the amount, if he or she successfully contests the validity of any damage or loss allegedly caused to a victim by the defendant's crime."); Faurisma v. State, 61 So. 3d 497, 497-98 (Fla. Dist. Ct. App. 2011) (per curiam) (reversing the trial court's restitution order because the defendant was not given an opportunity to be heard). As with any change in statutory law, there may be unanticipated problems that arise in t…
  • First Baptist Church OF Cape Coral v. Compass Constr., Inc., 115 So. 3d 946 (Fla. 2013)
    …e Second District Court of Appeal’s decisions in Compass Construction, Inc. v. First Baptist Church of Cape Coral, Florida, Inc., 61 So. 3d 1273 (Fla. 2d DCA 2011), and Compass Construction, Inc. v. First Baptist Church of Cape Coral, Florida, Inc., 61 So. 3d 497 (Fla. 2d DCA 2011). The Second District certified that its decisions are in direct conflict with the Fourth District Court of Appeal’s decision in Wolfe v. Nazaire, 758 So. 2d 730 (Fla. 4th DCA 2000) (Wolfe II), concerning the validity of an alterna…

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