Opinion
No. 94-1531.
April 12, 1995.
Appeal from the Circuit Court for Indian River County; Joe Wild, Judge.
Richard L. Jorandby, Public Defender, and Paul E. Petillo, Asst. Public Defender, West Palm Beach (withdrawn after brief filed), and Wayne R. McDonough of Saliba McDonough, P.A., Vero Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Melynda L. Melear, Asst. Atty. Gen., West Palm Beach, for appellee.
We find no error save in the sentencing and restitution aspects of this case. The record does suggest that the court may have violated an agreement with Appellant to have his sentence run concurrent with "parole violation." Yet, exactly what the agreement was, whether the judge agreed to it and whether it was breached, cannot be determined on this record. Accordingly, we remand for a hearing on this issue and correction of the sentence, if necessary.
As to restitution, there is no record justification for the lack of Defendant's presence, and the evidentiary basis for the amount awarded is murky. A tabulation of wages was referred to but cannot be found in the record. This needs to be remedied on remand.
Judgment affirmed; sentence and restitution order vacated and remanded.
GLICKSTEIN and SHAHOOD, JJ., concur.