WILLIAM JEFF COTHRON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
William Jeff Cothron appeals his placement on probation for grand theft pursuant to his nolo contendere plea. While we find no merit in appellant’s first two points, we agree that the trial court erred in imposing a requirement that appellant pay restitution in an amount to be determined by his probation supervisor. It was improper for the trial judge to delegate to the probation supervisor the authority to determine the amount of restitution appellant must pay. Fresneda v. State, 347 So. 2d 1021 (Fla.1977); Kroenke v. State, 366 So. 2d 46 (Fla. 2d DCA 1978). Appellant is entitled to a hearing before the trial court to determine the amount of restitution.
Accordingly, this case is remanded with instructions to hold a hearing as to the amount of restitution appellant is to pay. The order placing appellant on probation is affirmed in all other respects.
GRIMES, C. J., and BOARDMAN and DANAHY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Cada v. State, 382 So. 2d 405 (Fla. 4th DCA 1980)…ermined by the probation officer.” It is improper for the trial judge to delegate to the probation supervisor the authority to determine the amount of restitution appellant must pay. Fresneda v. State, 347 So. 2d 1021 (Fla.1977); Cothron v. State, 377 So. 2d 255 (Fla. 2d DCA 1979); McClure v. State, 371 So. 2d 196 (Fla. 2d DCA 1979); Kroenke v. State, 366 So. 2d 46 (Fla. 2d DCA 1978), cert, denied 374 So. 2d 99 (Fla.1979). Appellant is entitled to a hearing before the trial court to determine the amount of…
Authorities Cited
- Fresneda v. State, 347 So. 2d 1021 (Fla. 1977)
- DeWITT v. Rollin W. Zimmerman, 366 So. 2d 46 (Fla. 4th DCA 1978)