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Gilmore v. StateGilmore v. State

District Court of Appeal of Florida
Mar 5, 1996
No. 95-830
Reporters:
, ,
Before:
Benton
PER CURIAM.

We affirm appellant’s convictions and sentences for burglary with assault or battery, robbery, possession of cocaine, possession of drug paraphernalia and obstructing an officer without violence. We reverse, however, the trial court’s order of restitution because it was entered without notice or a hearing. Dubois v. State, 650 So.2d 228 (Fla. 1st DCA 1995); Rhoden v. State, 622 So.2d 122 (Fla. 1st DCA 1998); Harris v. State, 593 So.2d 1169 (Fla. 1st DCA 1992). The state properly concedes error in the trial court’s imposition of restitution.

Accordingly, we reverse and remand for the trial court to hold a restitution hearing. The judgment and sentence are, in all other respects, affirmed.

JOANOS, BENTON and VAN NORTWICK, JJ., concur.

Case Details

Case Name: Gilmore v. State
Court Name: District Court of Appeal of Florida
Date Published: Mar 5, 1996
Citations: 668 So. 2d 1092; 1996 WL 91548; 1996 Fla. App. LEXIS 2046; No. 95-830
Docket Number: No. 95-830
Court Abbreviation: Fla. Dist. Ct. App.
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