Mallard v. State

District Court of Appeal of Florida

Mallard v. State

609 So. 2d 178, 1992 Fla. App. LEXIS 12619, 1992 WL 371551

CourtDistrict Court of Appeal of Florida

DecidedDecember 18, 1992

DocketNo. 92-453

StatusPublished

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This text of 609 So. 2d 178 (Mallard 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.

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Mallard v. State, 609 So. 2d 178, 1992 Fla. App. LEXIS 12619, 1992 WL 371551 (Fla. Ct. App. 1992).

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Opinion

PER CURIAM.

In this case, Norman Mallard argues that the trial court erred by imposing restitution, over objection, without first determining Mallard’s ability to pay, as required by section 775.089(6), Florida Statutes (1991). We agree and reverse Mallard’s sentence and remand for resentencing with directions to the trial court to consider Mallard’s resources and ability to pay when determining whether to impose restitution. See Denmark v. State, 588 So.2d 324 (Fla. 4th DCA 1991); Green v. State, 571 So.2d 571 (Fla. 3d DCA 1990); Leyba v. State, 520 So.2d 705 (Fla. 5th DCA 1988). See also Anderson v. State, 556 So.2d 527 (Fla. 5th DCA 1990).

REVERSED and REMANDED for re-sentencing.

GOSHORN, C.J., and W. SHARP and GRIFFIN, JJ., concur.

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PER CURIAM.

In this case, Norman Mallard argues that the trial court erred by imposing restitution, over objection, without first determining Mallard’s ability to pay, as required by section 775.089(6), Florida Statutes (1991). We agree and reverse Mallard’s sentence and remand for resentencing with directions to the trial court to consider Mallard’s resources and ability to pay when determining whether to impose restitution. See Denmark v. State, 588 So.2d 324 (Fla. 4th DCA 1991); Green v. State, 571 So.2d 571 (Fla. 3d DCA 1990); Leyba v. State, 520 So.2d 705 (Fla. 5th DCA 1988). See also Anderson v. State, 556 So.2d 527 (Fla. 5th DCA 1990).

REVERSED and REMANDED for re-sentencing.

GOSHORN, C.J., and W. SHARP and GRIFFIN, JJ., concur.

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609 So. 2d 178, 1992 Fla. App. LEXIS 12619, 1992 WL 371551, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mallard-v-state-fladistctapp-1992.

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