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591 So. 2d 1085

Docket No. 91-611.

Medina v. State

Pedro MEDINA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided December 31, 1991.

District Court of Appeal of Florida · decided 1991-12-31

Cited by 7 later decisions — most recently March 1995

7 state decisions

Relies on 562 So. 2d 343 - Florida Bar re: Amendment to the Rules Regulating the Florida Bar-Rule 1-7.3 · Spivey v. State · 555 So. 2d 450 - Peters v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1991-12-31

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¶1Bennett H. Brummer, Public Defender, and Rosa C. Figarola, Asst. Public Defender, for appellant.

¶2Robert A. Butterworth, Attorney General, and Jacqueline M. Valdespino, Asst. Atty. Gen., for appellee.

¶3Before HUBBART, GERSTEN and GODERICH, JJ.

¶4PER CURIAM.

¶5Because the defendant Pedro Medina clearly established by a preponderance of the evidence that he has no present financial resources and no potential future financial resources to pay the $37,485.00 in restitution ordered by the trial court as a condition of probation, the said restitution is stricken as a condition of probation and the cause is remanded to the trial court with directions to impose a reasonable amount of restitution which is within the defendant's present or potential future ability to pay. § 775.089(6), (7), Fla. Stat. (1989); see Williams v. State,578 So.2d 846, 847 (Fla. 4th DCA 1991); Green v. State,571 So.2d 571 (Fla. 3d DCA 1990); Peters v. State,555 So.2d 450 (Fla. 4th DCA 1990); Oropesa v. State,555 So.2d 389 (Fla. 3d DCA 1989), rev. denied,562 So.2d 346 (Fla. 1990); Spivey v. State,501 So.2d 698 (Fla. 2d DCA 1987), approved,531 So.2d 965 (Fla. 1988); cf. Goble v. State,568 So.2d 91 (Fla. 1st DCA 1990) ($1,071.12 in restitution upheld as to a financially marginal defendant).

¶6Reversed and remanded.

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