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Nordgren v. State

District Court of Appeal of Florida, Fourth District
Feb 22, 1989
538 So. 2d 552 (Fla. Dist. Ct. App. 1989)

Opinion

No. 88-1749.

February 22, 1989.

Appeal from the Circuit Court, Palm Beach County, James T. Carlisle, J.

Richard L. Jorandby, Public Defender, Allen J. DeWeese, Asst. Public Defender, and Mickell Branham, Certified Legal Intern, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Carol Cobourn, Asst. Atty. Gen., West Palm Beach, for appellee.


AFFIRMED. After having been convicted of manslaughter (driving automobile while intoxicated), as part of his sentence, the appellant was ordered to pay a total of ten thousand ($10,000.00) dollars in restitution. At the hearing held to determine the mode and manner of payment, the trial judge ordered monthly installments of three hundred ($300.00) dollars. Appellant appeals, arguing the amount of the installments is excessive.

Section 775.089(6), Florida Statutes (1987), authorizes a court to consider a defendant's earning ability as well as other factors deemed appropriate when determining the manner and mode of restitution payments.

The apparently able-bodied appellant when employed earned approximately ten to eleven thousand ($10,000.00-$11,000.00) dollars a year on a part-time basis.

We affirm the trial court's findings that the appellant had the ability to earn sufficient funds to pay the ordered monthly restitution payment and fulfill his own financial needs. See DeConingh v. State, 433 So.2d 501, 504 (Fla. 1983).

DELL, GUNTHER and GARRETT, JJ., concur.


Summaries of

Nordgren v. State

District Court of Appeal of Florida, Fourth District
Feb 22, 1989
538 So. 2d 552 (Fla. Dist. Ct. App. 1989)
Case details for

Nordgren v. State

Case Details

Full title:MICHAEL NORDGREN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Feb 22, 1989

Citations

538 So. 2d 552 (Fla. Dist. Ct. App. 1989)

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