Nordgren v. State

District Court of Appeal of Florida

Nordgren v. State

538 So. 2d 552, 1989 WL 13139

CourtDistrict Court of Appeal of Florida

DecidedFebruary 22, 1989

DocketNo. 88-1749

StatusPublished

Cited by1 cases

This text of 538 So. 2d 552 (Nordgren 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

Nordgren v. State, 538 So. 2d 552, 1989 WL 13139 (Fla. Ct. App. 1989).

Pincite

Opinion

PER CURIAM.

AFFIRMED. After having been convicted of manslaughter (driving automobile while intoxicated), as part of his sentence, the appellant was ordered to pay a total of ten thousand ($10,000.00) dollars in restitution. At the hearing held to determine the mode and manner of payment, the trial judge ordered monthly installments of three hundred ($300.00) dollars. Appellant appeals, arguing the amount of the installments is excessive.

Section 775.089(6), Florida Statutes (1987), authorizes a court to consider a defendant’s earning ability as well as other factors deemed appropriate when determining the manner and mode of restitution payments.

The apparently able-bodied appellant when employed earned approximately ten to eleven thousand ($10,000.00-$11,000.00) dollars a year on a part-time basis.

We affirm the trial court’s findings that the appellant had the ability to earn sufficient funds to pay the ordered monthly restitution payment and fulfill his own financial needs. See DeConingh v. State, 433 So.2d 501, 504 (Fla.1983).

DELL, GUNTHER and GARRETT, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI