STATE OF FLORIDA, APPELLANT,
v.
PAUL SANDOMENO, APPELLEE

Fla. 4th DCA | 2017-04-19
No. 4D15-3298
Warner and May, JJ., concur.
217 So. 3d 110 Florida District Court of Appeal, Fourth District (2017) Positive Treatment
Cited by 1 case

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Synopsis

Florida appealed a trial court's denial of its motions for restitution and a civil restitution lien following the defendant's conviction for driving under the influence causing serious bodily injury. The court reversed, holding that restitution may be imposed up to 60 days after sentencing, not only at the time of sentencing.


Holding

The court held that restitution may be imposed at the time of sentencing or within sixty days thereafter, and that the trial court has continuing jurisdiction to enter civil restitution lien orders. The trial court erred in denying both motions.


Headnotes

[1] A trial court must order restitution to the victim for damage or loss caused by the defendant's offense or related to the defendant's criminal episode, unless clear and c…

[2] An order of restitution must be imposed at the time of sentencing or within sixty days thereafter.

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Key Quotes

“the court shall order the defendant to make restitution to the victim”

Establishes the mandatory nature of restitution under section 775.089(1)(a)

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Facts & Procedural History

Paul Sandomeno pleaded open to two counts of driving under the influence causing serious bodily injury and was sentenced on July 17, 2015, to concurre…

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Opinion of the Court
Gross, J.

Gross, J.

The state appeals the trial court’s denial of (1) its motion to order restitution as part of defendant’s sentence, filed five *111days after sentencing, and (2) its motion for entry of a civil restitution lien pursuant to section 960.292, Florida Statutes (2015). Because restitution may be imposed up to 60 days after sentencing, we reverse and remand for a restitution hearing.

Defendant Paul Sandomeno pled open to the court for two counts of driving under the influence causing serious bodily injury. On July 17, 2015, the trial court sentenced him to concurrent sentences of 5 years in prison. Restitution was not mentioned at sentencing.

On July 22, 2015, the state moved for a restitution order as part of defendant’s sentence. Defendant opposed the motion, arguing that an order of restitution must be imposed at the time of sentencing. The trial court agreed with defendant and denied the motion. The state’s subsequent motion for entry of a civil restitution lien on behalf of the victims pursuant to section 960.292 was also denied after defendant argued that the statute did not allow the state to file a civil suit for damages.

Section 775.089(l)(a), Florida Statutes (2015) provides that “the court shall order the defendant to make restitution to the victim.” “Section 775.089(l)(a) requires the trial court to order a defendant to make restitution for damage or loss caused by the defendant’s offense or related to the defendant’s criminal episode unless the trial court finds clear and compelling reasons not to order restitution.” Kirby v. State, 868 So.2d 238, 242 (Fla. 2003).

Recognizing that this statute makes restitution mandatory, the Florida Supreme Court has held “that an order of restitution must be imposed at the time of sentencing or within sixty days thereafter.” Sanderson v. State, 625 So.2d 471, 473 (Fla. 1993); see also L.O. v. State, 718 So.2d 155 (Fla. 1998) (reaffirming its holding in Sanderson). This is consistent with Florida Rule of Criminal Procedure 3.800(c), which allows for modification to a sentence within 60 days after it is imposed. The trial court thus erred in denying the state’s motion for an order of restitution filed 5 days after imposition of defendant’s sentence.

The trial court also erred in denying the state’s motion for entry of a civil restitution lien on behalf of the victims. Section 960.292(2) provides that, “[u]pon motion by the state ... the court in which the convicted offender is convicted shall enter civil restitution lien orders in favor of crime victims, the state, its local subdivisions, and other aggrieved parties.” The statute gives the trial court “continuing jurisdiction over the convicted offender for the sole purpose of entering civil restitution lien orders for the duration of the sentence and up to 5 years from release from incarceration or supervision, whichever occurs later.” Id.; see also Nickerson v. State, 178 So.3d 538, 539 (Fla. 3d DCA 2015) (explaining that section 960.292(2) “permits the trial court to retain jurisdiction over a convicted offender for a period of five years from release from supervision”).

We therefore reverse and remand for a restitution hearing, at which the trial court shall consider both restitution and the entry of a civil restitution lien. In all other respects, the conviction is affirmed.

Reversed and remanded.

Warner and May, JJ., concur.


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Citator

Cited By

  • Fla. Dep't of Corr. v. De La Paz, 388 So. 3d 4 (Fla. 4th DCA 2024)
    …that DOC’s motion was filed within the period set forth in section 960.292(2). Therefore, the court’s denial of the motion on the ground that the civil restitution lien had to be ordered at the time of sentencing was error. See State v. Sandomeno, 217 So. 3d 110, 111 (Fla. 4th DCA 2017) (holding the trial court erred in denying the motion for entry of a civil restitution lien on behalf of the victims, citing to section 960.292(2) and noting that “[t]he statute gives the trial court continuing jurisdiction o…

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