Gardipee v. State , 1993 Fla. App. LEXIS 6743 ( 1993 )


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  • THREADGILL, Judge.

    The appellant, Thomas Gardipee, appeals his judgments and sentences for attempted second-degree murder and armed trespass. We affirm, except for the order imposing *256restitution. At sentencing, the appellant objected to the amount of restitution being requested by the state. The trial court stated that the appellant would be permitted a restitution hearing; however, the restitution hearing was never held. The trial court imposed restitution as a condition of probation at sentencing with the amount to be determined at a later date. The trial court subsequently entered a restitution order for $54,419.87. This amount was based upon bills submitted by the victim at the sentencing hearing.

    We reverse the order imposing restitution and remand for a restitution hearing. See Reynolds v. State, 598 So.2d 188 (Fla. 1st DCA 1992). The appellant has the right to be present at the hearing.

    Affirmed; remanded for hearing.

    FRANK, C.J., and BLUE, J., concur.

Document Info

Docket Number: No. 92-00374

Citation Numbers: 620 So. 2d 255, 1993 Fla. App. LEXIS 6743, 1993 WL 221423

Judges: Blue, Frank, Threadgill

Filed Date: 6/23/1993

Precedential Status: Precedential

Modified Date: 10/18/2024