Charles v. State

District Court of Appeal of Florida

Charles v. State

718 So. 2d 1264, 1998 Fla. App. LEXIS 12716, 1998 WL 698599

CourtDistrict Court of Appeal of Florida

DecidedOctober 9, 1998

DocketNo. 97-02060

StatusPublished

This text of 718 So. 2d 1264 (Charles v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Charles v. State, 718 So. 2d 1264, 1998 Fla. App. LEXIS 12716, 1998 WL 698599 (Fla. Ct. App. 1998).

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Opinion

BLUE, Judge.

Charles Allen appeals his conviction for third-degree grand theft. Finding no reversible error, we affirm his conviction. However, as the State concedes, the trial court erred in imposing a $100 restitution award without a hearing. See Trice v. State, 655 So.2d 1270 (Fla. 2d DCA 1995) (reversing restitution that was imposed without affording defendant notice or opportunity to be heard on the amount). Accordingly, we affirm the conviction but reverse the restitution order and remand for a hearing.

Conviction affirmed; restitution order reversed; remanded.

CAMPBELL, A.C.J., and CASANUEVA, J., concur.

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BLUE, Judge.

Charles Allen appeals his conviction for third-degree grand theft. Finding no reversible error, we affirm his conviction. However, as the State concedes, the trial court erred in imposing a $100 restitution award without a hearing. See Trice v. State, 655 So.2d 1270 (Fla. 2d DCA 1995) (reversing restitution that was imposed without affording defendant notice or opportunity to be heard on the amount). Accordingly, we affirm the conviction but reverse the restitution order and remand for a hearing.

Conviction affirmed; restitution order reversed; remanded.

CAMPBELL, A.C.J., and CASANUEVA, J., concur.

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718 So. 2d 1264, 1998 Fla. App. LEXIS 12716, 1998 WL 698599, Counsel Stack Legal Research, https://law.counselstack.com/opinion/charles-v-state-fladistctapp-1998.

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