Florida District Courts of Appeal, 1992

Gilbert v. State

Florida District Courts of Appeal · Decided June 19, 1992 · No. 92-51 · Goshorn, Peterson, Sharp

600 So. 2d 557; 1992 Fla. App. LEXIS 6899; 1992 WL 134830 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Myers v. State (Fla. Dist. Ct. App. 1992)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

We affirm the sentences imposed in this case, but reverse the restitution order wherein the trial court improperly delegated its authority to determine the amount of restitution to the probation officer. Bowen v. State, 590 So.2d 1067 (Fla. 5th DCA 1991); Williams v. State, 553 So.2d 797 (Fla. 5th DCA 1989); Waller v. State, 550 So.2d 1190 (Fla. 5th DCA 1989); Brown v. State, 546 So.2d 1156 (Fla. 5th DCA 1989). Upon remand, the defendant shall be afforded prior notice and an opportunity to be heard on the imposition of restitution. Fitzpatrick v. State, 553 So.2d 396 (Fla. 5th DCA 1989).

AFFIRMED in part; REVERSED in part.

GOSHORN, C.J., and W. SHARP and PETERSON, JJ., concur.

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