Feldman v. State

Full title: PATRICIA ANNE FELDMAN, Appellant, v. STATE OF FLORIDA, Appellee.

Court: Florida Court of Appeals, Second District

Date published: Oct 6, 2023

No. 2D22-3265 (Fla. Dist. Ct. App. Oct. 6, 2023)

Opinion

2D22-3265

10-06-2023

PATRICIA ANNE FELDMAN, Appellant, v. STATE OF FLORIDA, Appellee.

Howard L. Dimmig, II, Public Defender, and Richard P. Albertine, Jr., Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Blain A. Goff, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Appeal from the Circuit Court for Pinellas County; Phillipe Matthey, Judge.

Howard L. Dimmig, II, Public Defender, and Richard P. Albertine, Jr., Assistant Public Defender, Bartow, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Blain A. Goff, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Patricia Anne Feldman appeals her judgment and sentence for one count of failure to redeliver leased personal property under section 812.155(3), Florida Statutes (2021). Ms. Feldman raises two issues on appeal: first, whether the trial court erred by denying her motion for a judgment of acquittal; and second, whether the trial court erred by imposing restitution without conducting a hearing. We affirm on the first issue without further discussion. We find merit, however, on her second issue. Appellant did not agree to an amount of restitution and asked the trial court to hold a restitution hearing. The trial court was required to do so. See, e.g., State v. Dixon, 308 So.3d 1121, 1123 (Fla. 2d DCA 2020) (" '[D]ue process requires a formal hearing on the amount of restitution,' and where a defendant objects to the amount of restitution and requests a hearing, a trial court's failure to hold such a hearing requires a reversal of the restitution order." (alteration in original) (quoting Lewis v. State, 288 So.3d 1232, 1235 (Fla. 2d DCA 2020))); Barone v. State, 222 So.3d 1235, 1236 (Fla. 5th DCA 2017) ("A trial court should not enter a restitution order without a hearing absent an agreement by the defendant."). Accordingly, we reverse and remand for the trial court to hold a restitution hearing.

Affirmed in part; reversed in part; remanded.

Opinion subject to revision prior to official publication.

KHOUZAM, LUCAS, and ROTHSTEIN-YOUAKIM, JJ., Concur.