Mansell v. State, 86-1110
| Citation | 11 Fla. L. Weekly 2569,498 So.2d 604 |
| Decision Date | 03 December 1986 |
| Docket Number | No. 86-1110,86-1110 |
| Parties | 11 Fla. L. Weekly 2569 Mitchell M. MANSELL, Appellant, v. STATE of Florida, Appellee. |
| Court | Court of Appeal of Florida (US) |
James Marion Moorman, Public Defender and John T. Kilcrease, Jr., Asst. Public Defender, Bartow, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Theda R. James, Asst. Atty. Gen., Tampa, for appellee.
Defendant Mitchell M. Mansell was convicted of burglary of a dwelling and grand theft. In addition to sentencing the defendant to three years' imprisonment, the court ordered him to make restitution.
The court based the restitution amount on a presentence investigation report prepared by the Florida Parole and Probation Commission. The defendant objected to the amount and a hearing was held in which the trial judge awarded the amount of $2,871.40 as recommended by the presentence investigation report. We agree with the defendant that the court erred.
The amount of restitution is a determination to be made exclusively by the trial court and cannot be delegated. McClure v. State, 371 So.2d 196 (Fla. 2d DCA 1979). By relying solely on the presentence investigation report, the trial court improperly delegated its exclusive responsibility. McClure.
Accordingly, we vacate the restitution order and remand for the imposition of restitution to be determined by the trial court. On remand, the state will have the burden of demonstrating the amount of loss sustained by the victim as a result of the offense in accordance with section 775.089(7), Florida Statutes (1985).
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Reynolds v. State
...in basing the restitution order in part on hearsay evidence. See Boyle v. State, 589 So.2d 1015 (Fla. 2nd DCA 1991); Mansell v. State, 498 So.2d 604 (Fla. 2nd DCA 1986). We reverse the probation order insofar as it sets a special condition of restitution, and remand for further proceedings ......
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Thomas v. State, 89-00791
...case made a proper objection, and it should have been sustained. Flanagan v. State, 536 So.2d 275 (Fla. 2d DCA 1988); Mansell v. State, 498 So.2d 604 (Fla. 2d DCA 1986). See also Fleming v. State, 547 So.2d 668 (Fla. 1st DCA 1989). The gun shop owner and his employee might have been qualifi......
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