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Waller v. State

District Court of Appeal of Florida, Fifth District
Nov 2, 1989
550 So. 2d 1190 (Fla. Dist. Ct. App. 1989)

Opinion

No. 88-1990.

November 2, 1989.

Appeal from the Circuit Court for Volusia County; Edwin P.B. Sanders, Judge.

James B. Gibson, Public Defender and Nancye R. Crouch, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Bonnie Jean Parrish, Asst. Atty. Gen., Daytona Beach, for appellee.


The trial court has the responsibility to determine the correct amount of restitution under section 948.03(1)(e), Florida Statutes, and in this case erred in delegating its responsibility to the probation officer. See Hamrick v. State, 532 So.2d 71 (Fla. 1st DCA 1988). The appellant's other point on appeal is without merit.

That part of the order of probation providing for restitution to be determined by the probation officer is reversed and the cause is remanded for the trial court to determine the correct amount of restitution, after notice and hearing.

AFFIRMED in part; REVERSED in part; and REMANDED.

COWART and GOSHORN, JJ., and HARRIS, Associate Judge, concur.


Summaries of

Waller v. State

District Court of Appeal of Florida, Fifth District
Nov 2, 1989
550 So. 2d 1190 (Fla. Dist. Ct. App. 1989)
Case details for

Waller v. State

Case Details

Full title:CLIFFORD WAYNE WALLER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Nov 2, 1989

Citations

550 So. 2d 1190 (Fla. Dist. Ct. App. 1989)

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