Opinion
No. 94-1052.
January 25, 1995.
An Appeal from the Circuit Court for Dade County; Amy Steele Donner, Judge.
Essen and Essen and Nancy C. Wear and Alan T. Lipson, North Miami Beach, for appellant.
Robert A. Butterworth, Atty. Gen., and Mark C. Katzef, Asst. Atty. Gen., for appellee.
Before BARKDULL, GERSTEN and GREEN, JJ.
We affirm the conviction and sentence, without prejudice to the appellant raising the ineffective assistance of counsel claims initially in the trial court. See Weber v. State, 411 So.2d 315 (Fla. 3d DCA 1982). We reverse the restitution order because no restitution hearing was conducted. See section 775.089(6) and (7), Fla. Stat. (1993); Johnson v. State, 547 So.2d 300 (Fla. 3d DCA 1989). Therefore, this matter is returned to the trial court to set aside the restitution order for further proceedings thereafter.
Affirmed in part, reversed in part with directions.