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Wiley v. State

District Court of Appeal of Florida, Fourth District
Jan 13, 1993
610 So. 2d 70 (Fla. Dist. Ct. App. 1993)

Opinion

No. 91-3567.

December 9, 1992. Rehearing Denied January 13, 1993.

Appeal from the Circuit Court, Indian River County, L.B. Vocelle, J.

Richard L. Jorandby, Public Defender, and Cherry Grant, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Sarah B. Mayer, Asst. Atty. Gen., West Palm Beach, for appellee.


We find no reversible error as to appellant's conviction and affirm that conviction. On the issue of restitution we find no error in the trial court's order setting the amount of restitution. However, we do find error in the trial court's determination of the periodic payments that appellant must pay. On that issue we reverse with directions that the trial court reserve jurisdiction to determine the amount of periodic payments at a hearing to be initiated by the state and to be conducted after appellant begins his term of probation. Cf. J.M.H. v. State, 589 So.2d 394 (Fla. 1st DCA 1991).

GLICKSTEIN, C.J., ANSTEAD and LETTS, JJ., concur.


Summaries of

Wiley v. State

District Court of Appeal of Florida, Fourth District
Jan 13, 1993
610 So. 2d 70 (Fla. Dist. Ct. App. 1993)
Case details for

Wiley v. State

Case Details

Full title:SAMUEL WILEY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Jan 13, 1993

Citations

610 So. 2d 70 (Fla. Dist. Ct. App. 1993)