Opinion
No. 94-1023.
June 6, 1995.
An appeal from the Circuit Court for Clay County; Peter L. Dearing, Judge.
Nancy A. Daniels, Public Defender, Glen P. Gifford, Asst. Public Defender, Tallahassee, for appellant.
Robert A. Butterworth, Atty. Gen., Richard Parker, Asst. Atty. Gen., Tallahassee, for appellee.
Appellant claims that the trial court impermissibly ordered restitution upon resentencing following remand from this court, where no restitution was imposed at the original sentencing. We agree and remand to the trial court with directions to vacate the order of restitution. See Abt v. State, 581 So.2d 1001 (Fla. 4th DCA), review denied 591 So.2d 184 (Fla. 1991); Jones v. State, 590 So.2d 1061 (Fla. 4th DCA 1991).
WEBSTER and VAN NORTWICK, JJ., concur.