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406 So. 2d 1297

Docket No. AD-54.

Pollreisz v. State

Norman David POLLREISZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided December 11, 1981.

District Court of Appeal of Florida · decided 1981-12-11

Cited by 7 later decisions — most recently August 1998

7 state decisions

Key passage — most relied on by later courts

“where criminal activity is undertaken in concert with others, the method of prorating any required restitution is a matter within the discretion of the trial judge. We find no abuse of discretion in the circumstances of the present case.”

quoted by 1 later decision, including Spivey v. State

Relies on 347 So. 2d 1021 - Fresneda v. State · Wallace v. Walton Context Building

Good law ✅— No negative treatment on recordhow we know

Decided 1981-12-11

View the full empirical analysis of this case →

¶1*1298 Carl S. McGinnes, Asst. Public Defender, for appellant.

¶2Jim Smith, Atty. Gen., Gregory C. Smith, Asst. Atty. Gen., for appellee.

¶3PER CURIAM.

¶4Appellant seeks review of a probation order requiring restitution of an amount equal to the full value of the aggregate thefts committed by appellant and a co-defendant. We affirm the order appealed.

¶5Appellant has been placed on probation with a requirement that he make full restitution, while his co-defendant has been sentenced to a term of imprisonment with no requirement of restitution. We find no error in this procedure. Of course, a probationer may not be required to make restitution in excess of the amount of damage caused by his criminal conduct. Fresneda v. State,347 So.2d 1021 (Fla. 1977). But where criminal activity is undertaken in concert with others, the method of pro-rating any required restitution is a matter within the discretion of the trial judge. Cf., B.A.D. v. State,379 So.2d 1311 (Fla. 1st DCA 1980). We find no abuse of discretion in the circumstances of the present case.

¶6The order appealed is affirmed.

¶7McCORD, LARRY G. SMITH and WENTWORTH, JJ., concur.

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