Gladfelter v. State
| Decision Date | 27 May 1993 |
| Docket Number | No. 80508,80508 |
| Citation | 618 So.2d 1364 |
| Court | Florida Supreme Court |
| Parties | 18 Fla. L. Week. S308 Carla GLADFELTER, Petitioner, v. STATE of Florida, Respondent. |
Richard L. Jorandby, Public Defender and Mallorye G. Cunningham, Asst. Public Defender, West Palm Beach, for petitioner.
Robert A. Butterworth, Atty. Gen. and Michelle A. Smith, Asst. Atty. Gen., West Palm Beach, for respondent.
We review Gladfelter v. State, 604 So.2d 929 (Fla. 4th DCA 1992), because of its conflict with State v. Martin, 577 So.2d 689 (Fla. 1st DCA), review denied, 587 So.2d 1329 (Fla.1991). We have jurisdiction under article V, section 3(b)(3) of the Florida Constitution.
Gladfelter pled guilty to driving while intoxicated causing serious bodily injury and to a violation of probation for grand theft. She was sentenced to three years' incarceration followed by two years' probation. As conditions of her probation, she was to obtain fulltime employment within sixty days of her release and to pay restitution. Approximately fifteen months later, after her release from prison, a hearing was held at which she was ordered to pay restitution totalling $5,896.72 to three health-care providers who treated the injured victim.
On appeal, Gladfelter contended that it was error to establish the amount of restitution beyond sixty days after the sentence was imposed. The district court of appeal rejected this contention, reasoning that as long as the requirement to pay restitution was included in the sentence, setting the actual amount of restitution even beyond sixty days was permissible. The court acknowledged conflict with State v. Martin which had held on similar facts that Florida Rule of Criminal Procedure 3.800(b) precluded the entry of an order determining restitution more than sixty days after sentencing.
We agree with the court below. Because restitution was made an original condition of the probation, the court could properly determine the amount of restitution at a later date. We do not construe rule 3.800 as requiring this to be done within sixty days. Section 948.03(8), Florida Statutes (1989), authorizes the modification of the terms and conditions of probation at any time. This is not a case in which a new condition of probation was added. See Clark v. State, 579 So.2d 109 (Fla.1991) ().
We also see no objection to requiring the restitution to...
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Connor v. State
...up until the termination of the defendant's probation" or until a final order is entered establishing the amount) (citing Gladfelter v. State, 618 So.2d 1364 (Fla.1993)); R.D. v. State, 743 So.2d 1124, 1125 (Fla. 1st DCA 1999) ("Under the circumstances, because the order establishing the re......
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State v. Sanderson
...amount of restitution at a later date. We do not construe rule 3.800 as requiring this to be done within sixty days." Gladfelter v. State, 618 So.2d 1364, 1365 (Fla.1993). Here, both the trial and district courts, contrary to Gladfelter and the line of cases it supports, held that everythin......
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T.W.L. v. State
...1995 disposition hearing and reserved jurisdiction merely to determine the amount of restitution, a procedure approved in Gladfelter v. State, 618 So.2d 1364 (Fla.1993), State v. M.C., 666 So.2d 877 (Fla.1995) (approving holding that where trial court merely reserved jurisdiction on questio......
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State v. Witthaus, 2D05-5994.
...an original condition of probation, a trial court can properly determine the amount of restitution at a later date. Gladfelter v. State, 618 So.2d 1364, 1365 (Fla.1993). Section 948.03(1), Florida Statutes (2005), sets forth standard terms and conditions of probation. One of the standard co......