From Casetext: Smarter Legal Research

Medina v. State

District Court of Appeal of Florida, Fourth District
Mar 30, 1994
633 So. 2d 578 (Fla. Dist. Ct. App. 1994)

Opinion

No. 92-2298.

March 30, 1994.

Appeal from the Circuit Court for Broward County; Barry E. Goldstein, Judge.

Richard L. Jorandby, Public Defender, and Anthony Calvello, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Melynda Melear, Asst. Atty. Gen., West Palm Beach, for appellee.


We affirm appellant's convictions. We also affirm his sentences for same except as to restitution.

The trial court imposed restitution upon appellant pursuant to section 775.089, Florida Statutes (1991). However, there was no hearing on the matter, nor did the trial court mention restitution in its oral pronouncement of sentence. The parties agree that a hearing must be conducted before restitution may be imposed. Williams v. State, 588 So.2d 660 (Fla. 1st DCA 1991); see also Snell v. State, 502 So.2d 489 (Fla. 4th DCA), rev. dismissed, 509 So.2d 1119 (Fla. 1987). Accordingly, we reverse the imposition of restitution and remand for a restitution hearing.

GLICKSTEIN, GUNTHER and STEVENSON, JJ., concur.


Summaries of

Medina v. State

District Court of Appeal of Florida, Fourth District
Mar 30, 1994
633 So. 2d 578 (Fla. Dist. Ct. App. 1994)
Case details for

Medina v. State

Case Details

Full title:ANGEL MEDINA, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Mar 30, 1994

Citations

633 So. 2d 578 (Fla. Dist. Ct. App. 1994)

Citing Cases

Terry v. State

62 in restitution from the written order and remand for further proceedings consistent with section 775.089,…

Norman v. State

We must REVERSE, however, the trial court's written order of restitution in the amount of $1338.00, which…