G.A.Z. v. State

District Court of Appeal of Florida

G.A.Z. v. State

657 So. 2d 1244, 1995 Fla. App. LEXIS 7332, 1995 WL 396374

CourtDistrict Court of Appeal of Florida

DecidedJuly 7, 1995

DocketNo. 94-01273

StatusPublished

Cited by2 cases

This text of 657 So. 2d 1244 (G.A.Z. 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

G.A.Z. v. State, 657 So. 2d 1244, 1995 Fla. App. LEXIS 7332, 1995 WL 396374 (Fla. Ct. App. 1995).

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Opinion

PER CURIAM.

We affirm the amount ordered for restitution because there was sufficient competent evidence to find (1) that the appellant took the signet ring the victim inherited from her father during the burglary for which he was adjudicated delinquent and (2) the ring’s replacement value. However, we strike that part of the order delegating the responsibility for setting the terms and conditions of the payment of the restitution. Only the trial court may set such terms. Denson v. State, 493 So.2d 60 (Fla. 2d DCA 1986); McDonald v. State, 478 So.2d 113 (Fla. 2d DCA 1985).

We remand for further proceedings so the trial court may set the terms and conditions of repayment.

THREADGILL, C.J., and DANAHY and QUINCE, JJ., concur.

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PER CURIAM.

We affirm the amount ordered for restitution because there was sufficient competent evidence to find (1) that the appellant took the signet ring the victim inherited from her father during the burglary for which he was adjudicated delinquent and (2) the ring’s replacement value. However, we strike that part of the order delegating the responsibility for setting the terms and conditions of the payment of the restitution. Only the trial court may set such terms. Denson v. State, 493 So.2d 60 (Fla. 2d DCA 1986); McDonald v. State, 478 So.2d 113 (Fla. 2d DCA 1985).

We remand for further proceedings so the trial court may set the terms and conditions of repayment.

THREADGILL, C.J., and DANAHY and QUINCE, JJ., concur.

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Bluebook (online)

657 So. 2d 1244, 1995 Fla. App. LEXIS 7332, 1995 WL 396374, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gaz-v-state-fladistctapp-1995.

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