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530 So. 2d 1109

530 So.2d 1109

13 Fla.L.Weekly 2185

Williams v. State

District Court of Appeal of Florida

Decided September 21, 1988

District Court of Appeal of Florida · decided 1988-09-21

Cited by 1 later decisions — most recently May 1991

1 state decisions

Relies on Delaney v. State · 334 So. 2d 819 - Crowder v. State · 489 So. 2d 1182 - Barnes v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1988-09-21

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PER CURIAM.

¶1The defendant was charged with two counts of fraudulent sale of a business opportunity. He entered a plea of no contest, which was not predicated on plea negotiations. The defendant was ordered to make restitution to three persons as a special condition of probation. Two of them were victims named in the information, the third was not. The state, however, contends that the injury to the third victim was a part of the same fraudulent scheme.

¶2The trial court erred, in the absence of an agreement, by requiring payment of restitution to the third victim for the uncharged separate offense. Crowder v. State, 334 So.2d 819 (Fla. 4th DCA 1976), cert. denied, 342 So.2d 1101 (Fla.1977); Barnes v. State, 489 So.2d 1182 (Fla. 2d DCA 1986).

¶3The order of probation is, therefore, reversed and remanded with direction to strike the condition of restitution to Diane Morin. In all other respects, the judgment is affirmed.

HERSEY, C.J., and GUNTHER and STONE, JJ., concur.
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