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617 So. 2d 846

Docket Nos. 90-2929, 91-1296.

Burch v. State

Rodney BURCH, a/k/a Lepke Jones, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided May 5, 1993.

Rehearing Denied May 5, 1993.

District Court of Appeal of Florida · decided 1993-05-05

Key passage — most relied on by later courts

“[i]mposition of restitution without notice or a hearing is reversible error.”

quoted by 1 later decision, including AB v. State

Relies on State v. Rucker · Mounds v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1993-05-05

How this case has been cited

Cited by 8 later decisions — most recently December 2011

8 state decisions

40199320002010decided

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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¶1Rodney Burch, pro se.

¶2Robert A. Butterworth, Atty. Gen., Tallahassee, and John M. Koenig, Jr., Asst. Atty. Gen., West Palm Beach, for appellee.

¶3Rehearing En Banc Denied May 5, 1993.

¶4

*847 ON MOTION FOR REHEARING

¶5PER CURIAM.

¶6On rehearing we sua sponte withdraw our prior opinion and substitute the following.

¶7Rodney Burch was charged on multiple counts in four separate prosecutions. He pled guilty to one count of robbery, one count of battery, two counts of robbery with a firearm, one count of aggravated assault, one count of possession of cocaine and one count of carrying a concealed firearm. Under the recommended guidelines range Burch would have received between 27 to 40 years. However, the trial court sentenced Burch as a violent habitual offender and increased his sentence. The trial court gave no reasons for sentencing Burch as a habitual offender. Subsequently, without notice or a hearing, the trial court ordered Burch to pay restitution in the amount of $500 to a victim of the robbery, $1,200 to another victim and $1,114 to State Farm Insurance.

¶8We reverse and remand the order of restitution because the trial court failed to consider the factors set out in section 775.089(6) and (7), Fla. Stat. (1989) which mandate that the court consider the financial resources of the defendant, and the present and potential future financial needs and earning ability of the defendant and his dependents. Imposition of restitution without notice or a hearing is reversible error. Mounds v. State, 526 So.2d 1084 (Fla. 4th DCA 1988).

¶9Regarding Burch's habitual felony offender sentence, we affirm based on State v. Rucker, 613 So.2d 460 (Fla. 1993).

¶10Affirmed in part; reversed in part and remanded for further proceedings.

¶11HERSEY and WARNER, JJ., and WALDEN, JAMES H., Senior Judge, concur.

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