Weeks v. State

District Court of Appeal of Florida

Weeks v. State

651 So. 2d 831, 1995 Fla. App. LEXIS 2652, 1995 WL 111765

CourtDistrict Court of Appeal of Florida

DecidedMarch 17, 1995

DocketNo. 93-2970

StatusPublished

Cited by1 cases

This text of 651 So. 2d 831 (Weeks 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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Weeks v. State, 651 So. 2d 831, 1995 Fla. App. LEXIS 2652, 1995 WL 111765 (Fla. Ct. App. 1995).

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Opinion

PER CURIAM.

Appealing a sentence imposed for attempted aggravated battery, appellant argues the lower court erred by not establishing a specific amount of restitution and instead delegating the probation officer the responsibility of determining the appropriate amount of restitution. The state concedes error. It is well-established that restitution must be established by the sentencing court. See, e.g., Gray v. State, 535 So.2d 721 (Fla. 1st DCA 1988). Therefore, we REVERSE in part and REMAND for proceedings related to the imposition of restitution and for amendment of the probation orders regarding restitution, but appellant’s judgment of conviction and sentence are otherwise AFFIRMED.

BOOTH, LAWRENCE and VAN NORTWICK, JJ., concur.

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PER CURIAM.

Appealing a sentence imposed for attempted aggravated battery, appellant argues the lower court erred by not establishing a specific amount of restitution and instead delegating the probation officer the responsibility of determining the appropriate amount of restitution. The state concedes error. It is well-established that restitution must be established by the sentencing court. See, e.g., Gray v. State, 535 So.2d 721 (Fla. 1st DCA 1988). Therefore, we REVERSE in part and REMAND for proceedings related to the imposition of restitution and for amendment of the probation orders regarding restitution, but appellant’s judgment of conviction and sentence are otherwise AFFIRMED.

BOOTH, LAWRENCE and VAN NORTWICK, JJ., concur.

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651 So. 2d 831, 1995 Fla. App. LEXIS 2652, 1995 WL 111765, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weeks-v-state-fladistctapp-1995.

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