Cisneros v. State, 82-215
| Decision Date | 07 December 1982 |
| Docket Number | No. 82-215,82-215 |
| Citation | 422 So.2d 1087 |
| Parties | Alvaro CISNEROS, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Asst. Public Defender, for appellant.
Jim Smith, Atty. Gen. and Marti Rothenberg, Asst. Atty. Gen., for appellee.
Before HENDRY, SCHWARTZ and NESBITT, JJ.
Appellant was tried and found guilty of aggravated battery by the trial judge in a non-jury trial.
Appellant urges reversal on the ground that the evidence adduced by the state was insufficient to support the court's findings. We find no merit in that contention. It is well settled law that determinations as to the weight of the evidence and the credibility of witnesses, and evidentiary findings and conclusions are exclusively the duty of the trial judge as the trier of fact and an appellate court may not substitute its opinion of the facts or re-weigh the evidence and reach a conclusion different from that of the trial judge. E.Y. v. State, 390 So.2d 776 (Fla. 3d DCA 1980); Heineman v. State, 327 So.2d 898 (Fla. 3d DCA), cert. denied, 336 So.2d 1182 (Fla.1976).
Appellant was placed on probation for a term of three years with a provision that he make restitution in an amount to be determined by the probation supervisor or the court. We agree with appellant's contention that the trial court erred in delegating authority to the supervisor to determine the amount of restitution to be made. Therefore we remand the cause with instructions to hold an evidentiary hearing as to the amount of restitution to be made. E.Y. v. State, supra. The order placing appellant on probation is in all other respects affirmed.
Affirmed in part and reversed in part with directions.
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Shaddix v. State
...judicial function may not be delegated to a probation officer. Larson v. State, 572 So.2d 1368, 1371 (Fla.1991); Cisneros v. State, 422 So.2d 1087 (Fla. 3d DCA 1982). We note the version of the restitution statute applicable at the time of the 1990 offense, see Bunting v. State, 361 So.2d 8......
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Masslieno v. State, BM-16
...1st DCA 1981); Denson v. State, 493 So.2d 60 (Fla. 2d DCA 1986); Gilford v. State, 487 So.2d 53 (Fla. 2d DCA 1986); Cisneros v. State, 422 So.2d 1087 (Fla. 3rd DCA 1982). Accordingly, on the basis of this error, we are required to reverse that portion of the probation order which directs ap......
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