Wombles v. State
Wombles v. State
Opinion of the Court
A jury found appellant guilty of welfare fraud. At the sentencing hearing the trial judge imposed restitution as one of the conditions of probation. We find that restitution was imposed in violation of the notice and opportunity to be heard requirements of Fresneda v. State, 347 So.2d 1021 (Fla. 1977) and this court’s decisions in DiOrio v. State, 359 So.2d 45 (Fla. 2d DCA 1978) and Latti v. State, 364 So.2d 828 (Fla. 2d DCA 1978). See, also Kroenke v. State, 366 So.2d 46 (Fla. 2d DCA 1979).
In the present case the fact of financial loss was established by the jury verdict. However, the testimony at the trial as to the amount of the resulting welfare overpayment ranged from $237.00 to I578.00.
The judgment of conviction is affirmed but the sentence is set aside and the case remanded for resentencing consistent with this opinion.
. The judge’s condition required restitution in the amount of $598.00; the maximum of $578.00 testified to at trial plus a $20.00 medicare overpayment.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.