Allen v. State, 97-02060

• Decision Date: 09 October 1998
• Docket Number: No. 97-02060,97-02060
• Parties: 23 Fla. L. Weekly D2285 Charles ALLEN, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 1264

718 So.2d 1264

23 Fla. L. Weekly D2285

Charles ALLEN, Appellant, v. STATE of Florida, Appellee.

No. 97-02060.

District Court of Appeal of Florida,

Second District.

Oct. 9, 1998.

Appeal from the Circuit Court for Hillsborough County; Daniel L. Perry, Judge.

James Marion Moorman, Public Defender, and William L. Sharwell, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Anne E. Sheer, Assistant Attorney General, Tampa, for Appellee.

BLUE, Judge.

Charles Allen appeals his conviction for third-degree grand theft. Finding no reversible error, we affirm his conviction. However, as the State concedes, the trial court erred in imposing a $100 restitution award without a hearing. See Trice v. State, 655 So.2d 1270 (Fla. 2d DCA 1995) (reversing restitution that was imposed without affording defendant notice or opportunity to be heard on the amount). Accordingly, we affirm the conviction but reverse the restitution order and remand for a hearing.

Conviction affirmed; restitution order reversed; remanded.

CAMPBELL, A.C.J., and CASANUEVA, J., concur.