Florida District Courts of Appeal, 1993

Gardipee v. State

Florida District Courts of Appeal · Decided June 23, 1993 · No. 92-00374 · Blue, Frank, Threadgill

620 So. 2d 255; 1993 Fla. App. LEXIS 6743; 1993 WL 221423 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Stephen v. Barone v. State (Fla. Dist. Ct. App. 2017)

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

THREADGILL, Judge.

The appellant, Thomas Gardipee, appeals his judgments and sentences for attempted second-degree murder and armed trespass. We affirm, except for the order imposing *256restitution. At sentencing, the appellant objected to the amount of restitution being requested by the state. The trial court stated that the appellant would be permitted a restitution hearing; however, the restitution hearing was never held. The trial court imposed restitution as a condition of probation at sentencing with the amount to be determined at a later date. The trial court subsequently entered a restitution order for $54,419.87. This amount was based upon bills submitted by the victim at the sentencing hearing.

We reverse the order imposing restitution and remand for a restitution hearing. See Reynolds v. State, 598 So.2d 188 (Fla. 1st DCA 1992). The appellant has the right to be present at the hearing.

Affirmed; remanded for hearing.

FRANK, C.J., and BLUE, J., concur.

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