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Florida District Courts of Appeal, 1993

Johnson v. State

Johnson v. State
Florida District Courts of Appeal · Decided May 14, 1993 · Altenbernd, Lehan, Parker
617 So. 2d 1150; 1993 Fla. App. LEXIS 5386; 1993 WL 154353 (Southern Reporter, Second Series)

Johnson v. State

Opinion of the Court

PER CURIAM.

Ms. Johnson appeals an order of restitution. We affirm the written order, but disapprove the trial court’s oral delegation to the probation officer of the responsibility for determining a payment schedule. Casto v. State, 615 So.2d 792 (Fla. 5th DCA 1992); Smith v. State, 589 So.2d 387 (Fla. 1st DCA 1991). This court has acknowledged conflict with Smith in State v. Sanderson, 615 So.2d 275 (Fla. 2d DCA 1993); however, our conflict with Smith was based on other grounds.

Affirmed.

LEHAN, A.C.J., and PARKER and ALTENBERND, JJ., concur.

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