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516 So. 2d 63

516 So.2d 63

12 Fla.L.Weekly 2759

Villarreal v. State

District Court of Appeal of Florida

Decided December 2, 1987

District Court of Appeal of Florida · decided 1987-12-02

Key passage — most relied on by later courts

“Because restitution was made an original condition of the probation, the court could properly determine the amount of restitution at a later date. We do not construe rule 3.800 as requiring this to be done within sixty days.”

quoted by 1 later decision, including State v. Sanderson

Relies on 501 So. 2d 698 - Spivey v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1987-12-02

How this case has been cited

Cited by 8 later decisions — most recently August 2018

8 state decisions

301987199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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HALL, Judge.

¶1Antonio Villarreal appeals the order placing him on probation. He contends that the trial court erred in ordering an unspecified amount of restitution as a condition of his probation. We affirm.

¶2At the sentencing hearing the trial court stated that as a special condition of probation the appellant would be required to make restitution to the victims in an amount to be determined at a subsequent hearing. The order of probation indicates that the trial court reserved jurisdiction to determine the amount of restitution at a later date. Counsel for the appellant expressed concern about the propriety of restitution. The trial court gave the appellant an opportunity to withdraw his plea, but the appellant abandoned his objection and accepted the imposition of restitution as a special condition of probation. We note that the appellant did not object to the determination of the amount of restitution at a later date.

¶3Objection must be made at the time restitution is imposed in order to preserve the issue for review. Spivey v. State, 501 So. 2d 698 (Fla. 2d DCA 1987). However, in this appeal the appellant seems to be objecting not to the imposition of restitution but to the failure of the court to determine the amount of restitution at sentencing.

¶4We find no error in the trial court’s action. The dictates of justice and judicial economy mandate that the trial court not be required to determine the amount of restitution at the time of sentencing.

¶5We therefore affirm the order of probation without prejudice to the appellant to appeal the order setting the amount of restitution after the trial court has determined said amount at a hearing.

¶6Affirmed.

SCHEB, A.C.J., and SCHOONOVER, J., concur.
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