Florida District Courts of Appeal, 1985

Dolan v. State

Dolan v. State
Florida District Courts of Appeal · Decided May 3, 1985 · Frank, Grimes, Scheb
468 So. 2d 442; 10 Fla. L. Weekly 1113; 1985 Fla. App. LEXIS 13807 (Southern Reporter, Second Series)

Dolan v. State

Opinion of the Court

PER CURIAM.

We affirm appellant’s convictions and sentences. However, the trial court’s Amendment to Judgment which orders appellant to pay $1,500 in restitution pursuant to section 775.089(1), Florida Statutes (1981), is stricken since the trial court failed to consider the appellant’s ability to *443pay, his financial resources, or the burden that payment would impose upon him. See Harris v. State, 452 So.2d 1041 (Fla. 2d DCA 1984); Turner v. State, 431 So.2d 1017 (Fla. 4th DCA 1983). Subject to the notice requirements of Goodson v. State, 400 So.2d 791 (Fla. 2d DCA 1981), the court may reimpose restitution pursuant to the mandates of the statute.

GRIMES, A.C.J., and SCHEB and FRANK, JJ., concur.

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