Dowdy v. State

District Court of Appeal of Florida

Dowdy v. State

712 So. 2d 849, 1998 Fla. App. LEXIS 8526, 1998 WL 396813

CourtDistrict Court of Appeal of Florida

DecidedJuly 17, 1998

DocketNo. 98-5

StatusPublished

This text of 712 So. 2d 849 (Dowdy 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

Dowdy v. State, 712 So. 2d 849, 1998 Fla. App. LEXIS 8526, 1998 WL 396813 (Fla. Ct. App. 1998).

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Opinion

PER CURIAM.

Appellant correctly contends that the trial court could not order restitution for items of property not included within the terms of the written plea agreement. In ordering restitution, however, the trial court is not tied to the fair market value for determining restitution amounts, but rather may exercise such discretion as required to further the purpose of restitution. State v. Hawthorne, 573 So.2d 330, 333 (Fla. 1991); K.D.B. v. State, 673 So.2d 199 (Fla. 5th DCA 1996). The state concedes that on remand, the court shall also correct the written sentence to conform to its oral pronouncement that the cost of supervision of appellant’s probation shall be deferred until full restitution has been made.

REVERSED AND REMANDED.

DAUKSCH and HARRIS, JJ., and ORFINGER, M., Senior Judge,, concur.

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PER CURIAM.

Appellant correctly contends that the trial court could not order restitution for items of property not included within the terms of the written plea agreement. In ordering restitution, however, the trial court is not tied to the fair market value for determining restitution amounts, but rather may exercise such discretion as required to further the purpose of restitution. State v. Hawthorne, 573 So.2d 330, 333 (Fla. 1991); K.D.B. v. State, 673 So.2d 199 (Fla. 5th DCA 1996). The state concedes that on remand, the court shall also correct the written sentence to conform to its oral pronouncement that the cost of supervision of appellant’s probation shall be deferred until full restitution has been made.

REVERSED AND REMANDED.

DAUKSCH and HARRIS, JJ., and ORFINGER, M., Senior Judge,, concur.

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Bluebook (online)

712 So. 2d 849, 1998 Fla. App. LEXIS 8526, 1998 WL 396813, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dowdy-v-state-fladistctapp-1998.

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