Goodson v. State, 81-39
| Citation | 400 So.2d 791 |
| Decision Date | 10 June 1981 |
| Docket Number | No. 81-39,81-39 |
| Parties | Victor Lee GOODSON, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Jerry Hill, Public Defender, and Paul C. Helm, Asst. Public Defender, Bartow, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Michael A. Palecki, Asst. Atty. Gen., Tampa, for appellee.
Appellant challenges the trial court's imposition of restitution as a condition of his probation.
Appellant, Victor Lee Goodson, entered a negotiated plea of nolo contendere to a charge of trafficking in stolen property. The plea bargain called for dismissal of a pending charge of grand theft and provided that Goodson be placed on probation for two years with a stipulation that he serve six months incarceration in a work release program. The trial court accepted Goodson's plea on the basis outlined. The court, however, added a requirement that Goodson make restitution of $62.50 to his victim. Neither Goodson nor his counsel objected.
Goodson now appeals, citing Fresneda v. State, 347 So.2d 1021 (Fla.1977), for the proposition that a trial court must furnish a defendant prior notice before imposing restitution as a condition of probation. We disagree.
In Fresneda the supreme court held that the trial court was not authorized to impose as a condition of probation a requirement that the defendant pay money to the victim of his crime in excess of the amount of damage the defendant caused to the victim. The court added that "... the trial judge should give the defendant notice of the proposed restitution order and allow the defendant the opportunity to be heard as to the amount of damages or loss caused by his offense." Id. at 1022.
We do not read Fresneda as holding that prior notice is the only acceptable way to protect the defendant's right to a meaningful opportunity to be heard. Prior notice to the defendant is one acceptable method, but to make it the only approved method could have the effect of diminishing the likelihood that a trial judge may be persuaded at the sentencing hearing to place a defendant on probation with the condition that he make restitution.
The important objective of notice is to afford a defendant a meaningful opportunity to be heard before being required to pay money to the victim of his offense. In many cases a defendant will have no objection to restitution being imposed as one of the conditions of his probation. In these instances the court's failure to provide notice should not make the order of restitution subject to reversal. Where, however, a defendant has not been furnished prior notice, and he objects to the court requiring restitution as a condition of his probation, he must be given an opportunity to be...
To continue reading
Request your trial
-
Reynolds v. State
...the sentencing hearing for a reasonable time and allow the defendant to be heard on issues relevant to restitution." Goodson v. State, 400 So.2d 791, 793 (Fla. 2nd DCA 1981); Wilson. Cf. Morgan v. State, 491 So.2d 326 (Fla. 1st DCA 1986) (failure of defendant to assert right to restitution ......
-
Larson v. State
...959, 960 (Fla. 4th DCA 1981); DiOrio v. State, 359 So.2d 45, 46 (Fla. 2d DCA 1978), receded from on other grounds, Goodson v. State, 400 So.2d 791 (Fla. 2d DCA 1981). As defined in Black's Law Dictionary 1082 (5th ed. 1979), probation is "[a] sentence releasing the defendant into the commun......
-
Young v. State
...to make restitution must generally be challenged in the trial court before the issue may be raised on appeal. Goodson v. State, 400 So.2d 791 (Fla. 2d DCA 1981). See also Seymour v. State, 432 So.2d 770 (Fla. 2d DCA 1983). In some instances, however, we have ruled on a defendant's challenge......
-
Pollock v. Bryson
...the criminal conduct caused the victim." Fresneda v. State, 347 So.2d 1021, 1022 (Fla.1977) (stating general rule); Goodson v. State, 400 So.2d 791 (Fla. 2d DCA 1981) (stating failure to object generally constitutes a waiver). See §§ 775.089(1) and 948.03(1)(g), Fla.Stat. (1981). Accord, Pu......