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538 So. 2d 552

Nordgren v. State

District Court of Appeal of Florida

Decided February 22, 1989

District Court of Appeal of Florida · decided 1989-02-22

Cited by 1 later decisions — most recently March 1992

1 state decisions

Relies on 433 So. 2d 501 - DeConingh v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1989-02-22

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PER CURIAM.

¶1AFFIRMED. After having been convicted of manslaughter (driving automobile while intoxicated), as part of his sentence, the appellant was ordered to pay a total of ten thousand ($10,000.00) dollars in restitution. At the hearing held to determine the mode and manner of payment, the trial judge ordered monthly installments of three hundred ($300.00) dollars. Appellant appeals, arguing the amount of the installments is excessive.

¶2Section 775.089(6), Florida Statutes (1987), authorizes a court to consider a defendant’s earning ability as well as other factors deemed appropriate when determining the manner and mode of restitution payments.

¶3The apparently able-bodied appellant when employed earned approximately ten to eleven thousand ($10,000.00-$11,000.00) dollars a year on a part-time basis.

¶4We affirm the trial court’s findings that the appellant had the ability to earn sufficient funds to pay the ordered monthly restitution payment and fulfill his own financial needs. See DeConingh v. State, 433 So.2d 501, 504 (Fla.1983).

DELL, GUNTHER and GARRETT, JJ., concur.
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