Hillman v. State

District Court of Appeal of Florida

Hillman v. State

636 So. 2d 181, 1994 Fla. App. LEXIS 3920, 1994 WL 157132

District Court of Appeal of Florida·Decided April 29, 1994·No. No. 93-1677·Published·Cited by 1 cases

Opinion

W. SHARP, Judge.

Hillman appeals a special condition of his three-year probationary sentence, after he pled nolo contendere to burglary of a structure.¹ Hillman argues the trial court erred in setting a provision which requires restitution to be payable at a rate determined by his probation officer. We reverse because this court has held that it is improper for anyone other than a judge to set a payment schedule for amounts owed in restitution. Casto v. State, 615 So.2d 792 (Fla. 5th DCA 1993); Boss v. State, 613 So.2d 525 (Fla. 5th DCA 1993).

Accordingly, we reverse and remand to the trial court to set a payout rate on the restitution.

REVERSED AND REMANDED.

DIAMANTIS and THOMPSON, JJ., concur.

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W. SHARP, Judge.

Hillman appeals a special condition of his three-year probationary sentence, after he pled nolo contendere to burglary of a structure.¹ Hillman argues the trial court erred in setting a provision which requires restitution to be payable at a rate determined by his probation officer. We reverse because this court has held that it is improper for anyone other than a judge to set a payment schedule for amounts owed in restitution. Casto v. State, 615 So.2d 792 (Fla. 5th DCA 1993); Boss v. State, 613 So.2d 525 (Fla. 5th DCA 1993).

Accordingly, we reverse and remand to the trial court to set a payout rate on the restitution.

REVERSED AND REMANDED.

DIAMANTIS and THOMPSON, JJ., concur.

Hillman v. State, 636 So. 2d 181, 1994 Fla. App. LEXIS 3920, 1994 WL 157132 (Fla. Ct. App. 1994).

Pincite

636 So. 2d 181 (Hillman v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

W. SHARP, Judge.

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