Medina v. State

District Court of Appeal of Florida

Medina v. State

633 So. 2d 578, 1994 Fla. App. LEXIS 3019, 1994 WL 101296

CourtDistrict Court of Appeal of Florida

DecidedMarch 30, 1994

DocketNo. 92-2298

StatusPublished

Cited by2 cases

This text of 633 So. 2d 578 (Medina 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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Medina v. State, 633 So. 2d 578, 1994 Fla. App. LEXIS 3019, 1994 WL 101296 (Fla. Ct. App. 1994).

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Opinion

PER CURIAM.

We affirm appellant’s convictions. We also affirm his sentences for same except as to restitution.

The trial court imposed restitution upon appellant pursuant to section 775.089, Florida Statutes (1991). However, there was no hearing on the matter, nor did the trial court mention restitution in its oral pronouncement of sentence. The parties agree that a hearing must be conducted before restitution may be imposed. Williams v. State, 588 So.2d 660 (Fla. 1st DCA 1991); see also Snell v. State, 502 So.2d 489 (Fla. 4th DCA), rev. dismissed, 509 So.2d 1119 (Fla.1987). Accordingly, we reverse the imposition of restitution and remand for a restitution hearing.

GLICKSTEIN, GUNTHER and STEVENSON, JJ., concur.

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PER CURIAM.

We affirm appellant’s convictions. We also affirm his sentences for same except as to restitution.

The trial court imposed restitution upon appellant pursuant to section 775.089, Florida Statutes (1991). However, there was no hearing on the matter, nor did the trial court mention restitution in its oral pronouncement of sentence. The parties agree that a hearing must be conducted before restitution may be imposed. Williams v. State, 588 So.2d 660 (Fla. 1st DCA 1991); see also Snell v. State, 502 So.2d 489 (Fla. 4th DCA), rev. dismissed, 509 So.2d 1119 (Fla.1987). Accordingly, we reverse the imposition of restitution and remand for a restitution hearing.

GLICKSTEIN, GUNTHER and STEVENSON, JJ., concur.

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633 So. 2d 578, 1994 Fla. App. LEXIS 3019, 1994 WL 101296, Counsel Stack Legal Research, https://law.counselstack.com/opinion/medina-v-state-fladistctapp-1994.

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