Dolan v. State

No. 84-2510 | Fla. Dist. Ct. App. | May 3, 1985


We affirm appellant’s convictions and sentences. However, the trial court’s Amendment to Judgment which orders appellant to pay $1,500 in restitution pursuant to section 775.089(1), Florida Statutes (1981), is stricken since the trial court failed to consider the appellant’s ability to *443pay, his financial resources, or the burden that payment would impose upon him. See Harris v. State, 452 So. 2d 1041" court="Fla. Dist. Ct. App." date_filed="1984-07-06" href="" opinion_id="1112591">452 So.2d 1041 (Fla. 2d DCA 1984); Turner v. State, 431 So. 2d 1017" court="Fla. Dist. Ct. App." date_filed="1983-03-30" href="" opinion_id="1097723">431 So.2d 1017 (Fla. 4th DCA 1983). Subject to the notice requirements of Goodson v. State, 400 So. 2d 791" court="Fla. Dist. Ct. App." date_filed="1981-06-10" href="" opinion_id="1675474">400 So.2d 791 (Fla. 2d DCA 1981), the court may reimpose restitution pursuant to the mandates of the statute.

GRIMES, A.C.J., and SCHEB and FRANK, JJ., concur.