From Casetext: Smarter Legal Research

Pollreisz v. State

District Court of Appeal of Florida, First District
Dec 11, 1981
406 So. 2d 1297 (Fla. Dist. Ct. App. 1981)

Summary

In Pollreisz v. State, 406 So.2d 1297 (Fla. 1st DCA 1981), one codefendant was placed on probation and required to pay full restitution, while the other codefendant was sentenced to a prison term but not required to pay restitution.

Summary of this case from Spivey v. State

Opinion

No. AD-54.

December 11, 1981.

Appeal from the Circuit Court, Clay County, William A. Wilkes, J.

Carl S. McGinnes, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., Gregory C. Smith, Asst. Atty. Gen., for appellee.


Appellant seeks review of a probation order requiring restitution of an amount equal to the full value of the aggregate thefts committed by appellant and a co-defendant. We affirm the order appealed.

Appellant has been placed on probation with a requirement that he make full restitution, while his co-defendant has been sentenced to a term of imprisonment with no requirement of restitution. We find no error in this procedure. Of course, a probationer may not be required to make restitution in excess of the amount of damage caused by his criminal conduct. Fresneda v. State, 347 So.2d 1021 (Fla. 1977). But where criminal activity is undertaken in concert with others, the method of pro-rating any required restitution is a matter within the discretion of the trial judge. Cf., B.A.D. v. State, 379 So.2d 1311 (Fla. 1st DCA 1980). We find no abuse of discretion in the circumstances of the present case.

The order appealed is affirmed.

McCORD, LARRY G. SMITH and WENTWORTH, JJ., concur.


Summaries of

Pollreisz v. State

District Court of Appeal of Florida, First District
Dec 11, 1981
406 So. 2d 1297 (Fla. Dist. Ct. App. 1981)

In Pollreisz v. State, 406 So.2d 1297 (Fla. 1st DCA 1981), one codefendant was placed on probation and required to pay full restitution, while the other codefendant was sentenced to a prison term but not required to pay restitution.

Summary of this case from Spivey v. State
Case details for

Pollreisz v. State

Case Details

Full title:NORMAN DAVID POLLREISZ, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Dec 11, 1981

Citations

406 So. 2d 1297 (Fla. Dist. Ct. App. 1981)

Citing Cases

Woods v. State

As a condition of probation, the judge ordered appellant to make restitution to the victim for the difference…

Walker v. State

However, where criminal activity is undertaken in concert with others, the method of prorating any required…