Driggers v. State, 92-2891
Decision Date | 03 September 1993 |
Docket Number | No. 92-2891,92-2891 |
Citation | 622 So.2d 1374 |
Parties | 18 Fla. L. Week. D1931 Clifford D. DRIGGERS, Appellant, v. STATE of Florida, Appellee. |
Court | Florida District Court of Appeals |
James B. Gibson, Public Defender, and S.C. VanVoorhees, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Barbara C. Davis, Asst. Atty. Gen., Daytona Beach, for appellee.
Clifford D. Driggers appeals an order of restitution for damages resulting from a traffic accident in which he was involved while he was under the influence of alcoholic beverages. He alleges that the court erred when it ordered immediate restitution without determining his ability to pay. He does not complain about the amount, $20,115.93, but requests that we remand to the trial court for a determination of ability to pay and an appropriate payment schedule.
A defendant must affirmatively assert his rights under section 775.089(6), Florida Statutes, to present evidence of inability to pay restitution at the time it is ordered or the argument is waived. Butts v. State, 575 So.2d 1379 (Fla.5th DCA 1991). Defendant failed to make the objection of inability to pay at the October 26, 1992 sentencing hearing although the State had given written notice on July 22, 1992 that it intended to seek restitution. This issue cannot be raised on appeal for the first time.
AFFIRMED.
To continue reading
Request your trial-
Sims v. State, 93-1378
...(1993); Bolling v. State, 631 So.2d 310 (Fla. 5th DCA 1994); Padilla v. State, 622 So.2d 160 (Fla. 4th DCA 1993); Driggers v. State, 622 So.2d 1374 (Fla. 5th DCA 1993); Cheatham v. State, 593 So.2d 270 (Fla. 4th DCA 1992); Butts v. State, 575 So.2d 1379 (Fla. 5th DCA 1991); Goble v. State, ......
-
Chinea v. State, 96-3178
...(Fla.1984); Irving v. State, 627 So.2d 92 (Fla. 3d DCA 1993); Burrell v. State, 626 So.2d 1065 (Fla. 2d DCA 1993); Driggers v. State, 622 So.2d 1374 (Fla. 5th DCA 1993). ...
-
Deleveaux v. State, 94-911
...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); C......
-
Williams v. State, 94-2140
...CURIAM. AFFIRMED. See Spivey v. State, 531 So.2d 965 (Fla.1988); Bolling v. State, 631 So.2d 310 (Fla. 5th DCA 1994); Driggers v. State, 622 So.2d 1374 (Fla. 5th DCA 1993); Butts v. State, 575 So.2d 1379 (Fla. 5th DCA DAUKSCH and COBB, JJ., concur. W. SHARP, J., dissents without opinion. ...