Sanchez v. State

District Court of Appeal of Florida

Sanchez v. State

736 So. 2d 159, 1999 Fla. App. LEXIS 9694, 1999 WL 510567

CourtDistrict Court of Appeal of Florida

DecidedJuly 21, 1999

DocketNo. 97-04657

StatusPublished

This text of 736 So. 2d 159 (Sanchez 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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Sanchez v. State, 736 So. 2d 159, 1999 Fla. App. LEXIS 9694, 1999 WL 510567 (Fla. Ct. App. 1999).

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Opinion

PER CURIAM.

Joseph N. Sanchez appeals the restitution order entered upon a charge of dealing in stolen property. Within sixty days of his initial sentence, on August 20, 1996, the court set restitution in the amount of $12,600. No one appealed that order. On October 28, 1997, another circuit court judge held a second restitution hearing in the same case and awarded restitution of $14,125. We conclude that we must strike the second restitution order. See Davis v. State, 685 So.2d 1357 (Fla. 2d DCA 1996). On remand, the trial court is authorized to enter a restitution judgment based on the initial award of restitution.

ALTENBERND, A.C.J., and WHATLEY and NORTHCUTT, JJ., Concur.

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PER CURIAM.

Joseph N. Sanchez appeals the restitution order entered upon a charge of dealing in stolen property. Within sixty days of his initial sentence, on August 20, 1996, the court set restitution in the amount of $12,600. No one appealed that order. On October 28, 1997, another circuit court judge held a second restitution hearing in the same case and awarded restitution of $14,125. We conclude that we must strike the second restitution order. See Davis v. State, 685 So.2d 1357 (Fla. 2d DCA 1996). On remand, the trial court is authorized to enter a restitution judgment based on the initial award of restitution.

ALTENBERND, A.C.J., and WHATLEY and NORTHCUTT, JJ., Concur.

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736 So. 2d 159, 1999 Fla. App. LEXIS 9694, 1999 WL 510567, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanchez-v-state-fladistctapp-1999.

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