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502 So. 2d 1374

502 So.2d 1374

12 Fla.L.Weekly 644

Casler v. State

District Court of Appeal of Florida

Decided February 27, 1987

District Court of Appeal of Florida · decided 1987-02-27

Relies on McLain v. Palm Beach County · 487 So. 2d 53 - Gilford v. State

Decided 1987-02-27

LEHAN, Judge.

¶1Defendant appeals from the imposition of restitution as a condition of probation. We reverse.

¶2Defendant contends that imposition of restitution as a condition of probation was erroneous because he had been given no notice that the state would seek to impose restitution. The state, citing Gilmore v. State, 479 So.2d 791 (Fla. 2d DCA 1985), argues that the 1984 amendment to section 775.089, Florida Statutes, provides for restitution and that defendant was thereby on notice that restitution would be considered as a part of his sentencing. We disagree with the state. Defendant’s crime in this case occurred before the effective date of the amendment. The amendment therefore does not apply here, and defendant should have been given notice that the state would seek restitution as a condition of probation. See Gilford v. State, 487 So.2d 53 (Fla. 2d DCA 1986).

¶3This cause is reversed and remanded for another hearing on the matter of restitution, at which the defendant will have the opportunity to be heard on the amount of restitution and to raise any objections, including objections to the assessment of the attorney’s fees incurred by the victim which were included in the restitution imposed and to which defendant objects as his second issue on appeal.

RYDER, A.C.J., and CAMPBELL, J., concur.
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