Public-domain · open source
OpenJurist

632 So. 2d 213

Ashlock v. State

District Court of Appeal of Florida

Decided February 18, 1994

District Court of Appeal of Florida · decided 1994-02-18

Cited by 1 later decisions — most recently March 1995

1 state decisions

Relies on Boss v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1994-02-18

View the full empirical analysis of this case →

W. SHARP, Judge.

¶1Ashlock appeals from an order of restitution entered against him in a criminal case. *214He pled nolo contendere to grand theft (§ 812.014), with the understanding restitution would be ordered, and was placed on probation. After a hearing, the court ordered Ashlock to pay a total of $1,097.25 in restitution and that he should pay as much as scheduled by his probation officer during his probation. We .reverse the order and remand for further proceedings.

¶2At the restitution hearing, the state failed to establish any immediate ability on the part of Ashlock to pay the total restitution order, or any minimal installments. In Boss v. State, 613 So.2d 525 (Fla. 5th DCA 1993), we held that restitution orders can be entered based on the defendant’s future financial resources, within a specified period or in specified installments. However, the court, not the probation officer, must set the payment schedule. § 775.089(3)(c), Fla.Stat. (1991).

¶3REVERSED and REMANDED.

COBB and DIAMANTIS, JJ., concur.
/632/so2d/213 · .json · Public domain