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Dolan v. State

District Court of Appeal of Florida, Second District
May 3, 1985
468 So. 2d 442 (Fla. Dist. Ct. App. 1985)

Opinion

No. 84-2510.

May 3, 1985.

Appeal from the Circuit Court, Sarasota County, Vincent T. Hall, J.

James Marion Moorman, Public Defender, and John T. Kilcrease Jr., Assistant Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Candance M. Sunderland, Asst. Atty. Gen., Tampa, for appellee.


We affirm appellant's convictions and sentences. However, the trial court's Amendment to Judgment which orders appellant to pay $1,500 in restitution pursuant to section 775.089(1), Florida Statutes (1981), is stricken since the trial court failed to consider the appellant's ability to pay, his financial resources, or the burden that payment would impose upon him. See Harris v. State, 452 So.2d 1041 (Fla. 2d DCA 1984); Turner v. State, 431 So.2d 1017 (Fla. 4th DCA 1983). Subject to the notice requirements of Goodson v. State, 400 So.2d 791 (Fla. 2d DCA 1981), the court may reimpose restitution pursuant to the mandates of the statute.

GRIMES, A.C.J., and SCHEB and FRANK, JJ., concur.


Summaries of

Dolan v. State

District Court of Appeal of Florida, Second District
May 3, 1985
468 So. 2d 442 (Fla. Dist. Ct. App. 1985)
Case details for

Dolan v. State

Case Details

Full title:RALPH B. DOLAN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: May 3, 1985

Citations

468 So. 2d 442 (Fla. Dist. Ct. App. 1985)

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