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652 So. 2d 985

Dunn v. State

District Court of Appeal of Florida · decided 1995-04-12

Decided 1995-04-12

GRIFFIN, JACQUELINE R., Associate Judge.

¶1We find no error save in the sentencing and restitution aspects of this ease. The record does suggest that the court may have *986violated an agreement with Appellant to have his sentence run concurrent with “parole violation.” Yet, exactly what the agreement was, whether the judge agreed to it and whether it was breached, cannot be determined on this record. Accordingly, we remand for a hearing on this issue and correction of the sentence, if necessary.

¶2As to restitution, there is no record justification for the lack of Defendant’s presence, and the evidentiary basis for the amount awarded is murky. A tabulation of wages was referred to but cannot be found in the record. This needs to be remedied on remand.

¶3Judgment affirmed; sentence and restitution order vacated and remanded.

GLICKSTEIN and SHAHOOD, JJ., concur.
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