Florida District Courts of Appeal, 1995

Brooks v. State

Brooks v. State
Florida District Courts of Appeal · Decided June 6, 1995 · Mickle, Nortwick, Webster
655 So. 2d 238; 1995 Fla. App. LEXIS 6009; 1995 WL 331470 (Southern Reporter, Second Series)

Brooks v. State

Opinion of the Court

MICKLE, J.

Appellant claims that the trial court imper-missibly ordered restitution upon resentenc-ing following remand from this court, where no restitution was imposed at the original sentencing. We agree and remand to the trial court with directions to vacate the order of restitution. See Abt v. State, 581 So.2d 1001 (Fla. 4th DCA), review denied 591 So.2d 184 (Fla. 1991); Jones v. State, 590 So.2d 1061 (Fla. 4th DCA 1991).

WEBSTER and VAN NORTWICK, JJ., concur.

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