Florida District Courts of Appeal, 1993

Gardipee v. State

Gardipee v. State
Florida District Courts of Appeal · Decided June 23, 1993 · Blue, Frank, Threadgill
620 So. 2d 255; 1993 Fla. App. LEXIS 6743; 1993 WL 221423 (Southern Reporter, Second Series)

Gardipee v. State

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.