Opinion
No. 85-1849.
May 12, 1987.
An Appeal from the Circuit Court for Monroe County; Richard J. Fowler, Judge.
Bennett H. Brummer, Public Defender, and Marti Rothenberg, Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen., and Michael J. Neimand, Asst. Atty. Gen., for appellee.
Before BARKDULL, BASKIN, and JORGENSON, JJ.
We reverse the order of the trial court requiring restitution since it is apparent from the record that restitution was not contemplated by the plea agreement. See G.H. v. State, 414 So.2d 1135, 1137 (Fla. 1st DCA 1982); see also Pollock v. Bryson, 450 So.2d 1183 (Fla. 2d DCA 1984) (where plea agreement contemplated the restitution ordered, defendant is estopped from raising alleged illegality of the condition); Dent v. State, 432 So.2d 163 (Fla. 4th DCA 1983) (same).
Reversed.