Laster v. State

Full title: JOSEPH LASTER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, First District

Date published: Oct 25, 1991

587 So. 2d 674 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-3147.

October 25, 1991.

Appeal from the Circuit Court for Duval County; R. Hudson Olliff, Judge.

Louis O. Frost, Jr., Public Defender, James T. Miller, Asst. Public Defender, Jacksonville, for appellant.

Robert A. Butterworth, Atty. Gen., Gypsy Bailey, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

Appellant appeals from a final judgment and sentence for burglary entered pursuant to a guilty plea. The state concedes that the trial court erred in entering a restitution order without giving the appellant the opportunity to be heard. See Johnson v. State, 547 So.2d 300 (Fla. 3rd DCA 1989). The restitution order is vacated and the case is remanded for a hearing pursuant to section 775.089, Florida Statutes (1989). In all other respects, the judgment and sentence are affirmed.

BOOTH, WOLF and KAHN, JJ., concur.