Deleveaux v. State, 94-911
| Decision Date | 28 December 1994 |
| Docket Number | No. 94-911,94-911 |
| Citation | 646 So.2d 850 |
| Parties | 20 Fla. L. Weekly D66 Cedrick DELEVEAUX, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
An appeal from the Circuit Court for Dade County; Jeffrey Rosinek, Judge.
Bennett H. Brummer, Public Defender, and Sheryl J. Lowenthal, Sp. Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen., and Leslie Schreiber, Asst. Atty. Gen., for appellee.
Before BARKDULL, COPE and GREEN, JJ.
Cedrick Deleveaux appeals his conviction of manslaughter with a firearm and a restitution order.
We find no trial error and affirm the conviction.
Defendant contends that there was insufficient evidence to support the restitution order. In this case, the trial court ordered a presentence investigation ("PSI"). The PSI recommended that the defendant be ordered to pay $3,000 restitution to the victim's next-of-kin for funeral expenses. The court imposed restitution as recommended. There was no objection by defendant. In the absence of a contemporaneous objection, the point is not preserved for appellate review. Flanagan v. State, 536 So.2d 275, 276 (Fla. 2d DCA 1988); see also Driggers v. State, 622 So.2d 1374, 1375 (Fla. 5th DCA 1993); Nettles v. State, 611 So.2d 103, 104 (Fla. 5th DCA 1992); Reynolds v. State, 598 So.2d 188, 190 (Fla. 1st DCA 1992); Cheatham v. State, 593 So.2d 270, 271-72 (Fla. 4th DCA 1992).
Affirmed.
To continue reading
Request your trial
-
Sperry v. State
...imposing restitution as a condition of probation, to object to its imposition, in whole or in part, at sentencing. See Deleveaux v. State, 646 So.2d 850 (Fla. 3d DCA 1994). See also § 775.089(7), Fla.Stat. (1993). A defendant's failure to raise the issue constitutes a waiver. E.g., Spivey v......
- De Aza v. State, 94-1055