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Ashlock v. State

District Court of Appeal of Florida, Fifth District
Feb 18, 1994
632 So. 2d 213 (Fla. Dist. Ct. App. 1994)

Opinion

No. 92-2494.

February 18, 1994.

Appeal from the Circuit Court, Orange County, Daniel P. Dawson, J.

James B. Gibson, Public Defender, and M.A. Lucas, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Carmen F. Corrente, Asst. Atty. Gen., Daytona Beach, for appellee.


Ashlock appeals from an order of restitution entered against him in a criminal case. He pled nolo contendere to grand theft (§ 812.014), with the understanding restitution would be ordered, and was placed on probation. After a hearing, the court ordered Ashlock to pay a total of $1,097.25 in restitution and that he should pay as much as scheduled by his probation officer during his probation. We reverse the order and remand for further proceedings.

At the restitution hearing, the state failed to establish any immediate ability on the part of Ashlock to pay the total restitution order, or any minimal installments. In Boss v. State, 613 So.2d 525 (Fla. 5th DCA 1993), we held that restitution orders can be entered based on the defendant's future financial resources, within a specified period or in specified installments. However, the court, not the probation officer, must set the payment schedule. § 775.089(3)(c), Fla. Stat. (1991).

REVERSED and REMANDED.

COBB and DIAMANTIS, JJ., concur.


Summaries of

Ashlock v. State

District Court of Appeal of Florida, Fifth District
Feb 18, 1994
632 So. 2d 213 (Fla. Dist. Ct. App. 1994)
Case details for

Ashlock v. State

Case Details

Full title:ROBERT EDWARD ASHLOCK, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Feb 18, 1994

Citations

632 So. 2d 213 (Fla. Dist. Ct. App. 1994)

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