From Casetext: Smarter Legal Research

Allen v. State

District Court of Appeal of Florida, Second District
Oct 9, 1998
718 So. 2d 1264 (Fla. Dist. Ct. App. 1998)

Opinion

No. 97-02060

October 9, 1998.

Appeal from the Circuit Court for Hillsborough County; Daniel L. Perry, Judge.

James Marion Moorman, Public Defender, and William L. Sharwell, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Anne E. Sheer, Assistant Attorney General, Tampa, for Appellee.


Charles Allen appeals his conviction for third-degree grand theft. Finding no reversible error, we affirm his conviction. However, as the State concedes, the trial court erred in imposing a $100 restitution award without a hearing. See Trice v. State, 655 So.2d 1270 (Fla. 2d DCA 1995) (reversing restitution that was imposed without affording defendant notice or opportunity to be heard on the amount). Accordingly, we affirm the conviction but reverse the restitution order and remand for a hearing.

Conviction affirmed; restitution order reversed; remanded.

CAMPBELL, A.C.J., and CASANUEVA, J., concur.


Summaries of

Allen v. State

District Court of Appeal of Florida, Second District
Oct 9, 1998
718 So. 2d 1264 (Fla. Dist. Ct. App. 1998)
Case details for

Allen v. State

Case Details

Full title:CHARLES ALLEN, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Oct 9, 1998

Citations

718 So. 2d 1264 (Fla. Dist. Ct. App. 1998)

Citing Cases

Iaconetti v. State

Section 775.089(7), Florida Statutes (2002), requires the trial court to hold a hearing before restitution is…

Exilorme v. State

Section 775.089(7) requires a hearing, before restitution is imposed, to determine the amount owed to the…