Greenfield v. State

District Court of Appeal of Florida

Greenfield v. State

511 So. 2d 751, 12 Fla. L. Weekly 2089, 1987 Fla. App. LEXIS 10042

CourtDistrict Court of Appeal of Florida

DecidedAugust 28, 1987

DocketNo. 86-1408

StatusPublished

This text of 511 So. 2d 751 (Greenfield 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

Greenfield v. State, 511 So. 2d 751, 12 Fla. L. Weekly 2089, 1987 Fla. App. LEXIS 10042 (Fla. Ct. App. 1987).

Pincite

Opinion

PER CURIAM.

Appellant raises as error the imposition of restitution herein on the ground that the restitution statute, section 775.089, Florida Statutes (1985), was enacted in 1977, which was two years after the offense was committed. Under these circumstances, it was error to impose restitution. See Bunting v. State, 361 So.2d 810 (Fla. 4th DCA 1978).

Appellee argues that section 948.03(1)(g), Florida Statutes (1985), which provides for restitution as a condition of probation, was in effect at the time of the crime herein. However, appellant was not granted probation in this case, and we fail to see how the possibility of probation here would make restitution authorized when a sentence for a term of years was imposed.

Appellant did indicate consent to the restitution herein but, no matter how commendable we deem such restitution to be, as stated in Bunting “courts have no authority to exceed the punishment for criminal conduct as provided by the Legislature.”

Therefore, the portion of the sentence providing for restitution is reversed. Otherwise, the judgment and sentence are affirmed.

SCHEB, A.C.J., HALL, J., and BOARDMAN, EDWARD F., (Ret.) J., concur.

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