Palag v. State, 93-191
| Decision Date | 18 August 1993 |
| Docket Number | No. 93-191,93-191 |
| Citation | 622 So.2d 1151 |
| Parties | 18 Fla. L. Week. D1841 Peggy L. PALAG, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Nancy A. Daniels, Public Defender, and Chris W. Hoeg, Asst. Public Defender, Tallahassee, for appellant.
Robert A. Butterworth, Atty. Gen., and Joe Garwood, Asst. Atty. Gen., Tallahassee, for appellee.
Appellant appeals the provisions of her community control order which require her to maintain an hourly accounting of her activities in a daily log, and require her to make restitution in the amount of $26,974.00. We reverse as to those conditions and remand for further proceedings.
The condition of community control requiring appellant to maintain a daily log containing an hourly accounting of her activities was not pronounced orally at sentencing, and is not authorized by statute. Therefore, this condition must be stricken. Black v. State, 614 So.2d 1220 (Fla. 2d DCA 1993); Vinyard v. State, 586 So.2d 1301 (Fla. 2d DCA 1991). See also Nichols v. State, 528 So.2d 1282 (Fla. 1st DCA 1988). The parties recognize that the provisions of section 775.089(1)(a), Florida Statutes, place a defendant on constructive notice that restitution may be ordered. Reynolds v. State, 598 So.2d 188, 190 (Fla. 1st DCA 1992). Nevertheless, it is improper to establish a restitution amount without affording the defendant prior notice and an opportunity to be heard on the issue. Reynolds, 598 So.2d at 190; Harris v. State, 593 So.2d 1169, 1171 (Fla. 1st DCA 1992). The state concedes the trial court erred in imposing a restitution amount in the written judgment, when the amount was not mentioned at the revocation proceeding. Moreover, the record before this court is silent with regard to the manner in which the restitution amount was determined.
Accordingly, this cause is remanded with directions to strike community control condition thirteen, requiring appellant to maintain an hourly record of her activities, and to conduct a hearing on the amount of restitution appellant will be required to pay.
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Visage v. State
...that restitution should not have been imposed without giving the appellant notice and an opportunity to be heard. See Palag v. State, 622 So.2d 1151 (Fla. 1st DCA 1993); Hamrick v. State, 648 So.2d 274 (Fla. 4th DCA 1995). Accordingly, we reverse the restitution orders and remand with direc......
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...costs upon defendant's actually becoming solvent); Jenkins v. State, 444 So.2d 947 (Fla.1984); Brown, 643 So.2d at 663; Palag v. State, 622 So.2d 1151 (Fla. 1st DCA 1993); Harris v. State, 593 So.2d 1169 (Fla. 1st DCA 1992); Jones v. State, 360 So.2d 1158 (Fla. 1st DCA 1978) (actual enforce......
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Hamrick v. State, 94-0859
...of the amount of restitution, the manner in which restitution was determined, or appellant's ability to pay. See Palag v. State, 622 So.2d 1151 (Fla. 1st DCA 1993). Before a trial court grants a motion for restitution, it shall consider several factors, including the loss by the victim and ......
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Owens v. State
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