Fresneda v. State
| Citation | 347 So.2d 1021 |
| Decision Date | 21 April 1977 |
| Docket Number | No. 48963,48963 |
| Parties | Jesus FRESNEDA, Appellant, v. STATE of Florida, Appellee. |
| Court | United States State Supreme Court of Florida |
Bennett H. Brummer, Public Defender, and Linnea R. Snyder, Asst. Public Defender, for appellant.
Robert L. Shevin, Atty. Gen., and Ira N. Loewy, Asst. Atty. Gen., for appellee.
This is an appeal from an order of probation. The prosecution arose out of an automobile accident on July 28, 1974. When a Cadillac stopped abruptly, a Volkswagen skidded into it. The appellant's car then hit the Volkswagen from behind; instead of stopping to offer assistance, the appellant backed up and drove off. He was subsequently apprehended and charged with leaving the scene of an accident resulting in injury to another person, in violation of Section 316.062, Florida Statutes (1975). The trial court concluded that appellant was guilty of the offense, but withheld adjudication of guilt and placed appellant on probation, with the condition that he pay the Parole and Probation Commission in excess of $1,600.00, for the benefit of the occupants of the Volkswagen, who were injured in the accident. The defense challenged the propriety of setting a sum for restitution without "a hearing and opportunity to be fully heard as to the amount." In disposing of the motion to correct illegal sentence, the trial court passed on the constitutionality of Section 948.03, Florida Statutes (1975). Accordingly, we have jurisdiction. Article V, Section 3(b)(1), Florida Constitution.
The trial court included the restitution condition in the order of probation, citing Section 948.03(1)(g), Florida Statutes (1975). This subsection authorizes conditioning probation on the probationer's making "reparation or restitution to the aggrieved party for the damage or loss caused by his offense in an amount to be determined by the court." (emphasis supplied). Both appellant and appellee concur, however in the view "that said condition of probation is not authorized by this subsection of the statute." We are likewise persuaded that Section 948.03(1)(g), Florida Statutes (1975), does not authorize the restitution condition imposed in this case. See People v. Becker, 349 Mich. 476, 84 N.W.2d 833 (1957); State v. Barnett, 110 Vt. 221, 3 A.2d 521 (1939). Appellant's offense was leaving the scene of the accident, not causing it. The record does not establish what injury was caused by the collision between appellant's car and the Volkswagen, as opposed to injury caused by the earlier collision between the Volkswagen and the Cadillac. There is no basis in the record for distinguishing between injuries sustained in either of the collisions from aggravation of those injuries attributable to such delay, if any, in securing medical attention as the appellant may have caused.
The State argues that the language of Section 948.03(2), Florida Statutes (1975), supplies the authorization for the restitution condition, which is lacking in subsection one. Subsection two provides:
The enumeration of specific kinds of...
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Del Valle v. State
...she successfully contests the validity of any damage or loss allegedly caused to a victim by the defendant's crime. See Fresneda v. State, 347 So.2d 1021, 1022 (Fla.1977) (stating that before a trial court may order restitution, the trial court “should give the defendant notice of the propo......
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Walcott v. State
...jail time credit under section 921.161(1), Fla.Stat., (9) the erroneous imposition of conditions of probation (see, e.g., Fresneda v. State, 347 So.2d 1021 (Fla.1977), as to restitution, and Villery v. Florida Parole and Probation Commission, 396 So.2d 1107 (Fla.1981), as to jail confinemen......
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State v. Champe, 53811
...and we recently held that under certain circumstances restitution may properly be required as a condition of probation. Fresneda v. State, 347 So.2d 1021 (Fla.1977). Other jurisdictions have upheld the power of the state to impose restitution as a sentence for crime, when authorized by stat......
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State v. Bausch
...has disclosed none. Similarly worded statutes in other states have been construed in the same manner. See, e. g., Fresneda v. Florida, 347 So.2d 1021 (Fla.Sup.Ct.1977) ("reparation or restitution to the aggrieved party for the damage or loss caused by his offense in an amount to be determin......