Opinion
No. 89-774.
December 26, 1989.
An Appeal from the Circuit Court for Monroe County, Jefferson Overby, Judge.
Bennett H. Brummer, Public Defender, and Robert Kalter, Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen., and Joan L. Greenberg, Asst. Atty. Gen., for appellee.
Before SCHWARTZ, C.J., and BARKDULL and JORGENSON, JJ.
The state having confessed error in the order of restitution in this cause, same be and it is hereby vacated and set aside and this matter is returned to the trial court for further consideration of the restitution issue in accordance with Section 775.089(6), Florida Statute (1987) and Ballance v. State, 447 So.2d 974 (Fla. 1st DCA 1984).