McDonald v. State, 478 So. 2d 113

RYDER, Chief Judge.

The trial court placed Anthony McDonald on probation for burglary and grand theft and ordered that he pay restitution as directed by his probation officer. From this order, he appeals. We affirm all orders of the trial court except that order directing the appellant to pay restitution as determined by his probation officer.

Section 948.03(1)(e), Florida Statutes (1983), provides that a probationer shall make reparation or restitution “in an amount to be determined by the court.” (Emphasis added). It is reversible error for the trial court to delegate a judicial responsibility to a probation supervisor. J.J.S. v. State, 465 So.2d 621, 622 (Fla. 2d DCA 1985); Fletcher v. State, 405 So.2d 748, 749 (Fla. 2d DCA 1981). We, therefore, reverse and remand with instructions to conduct an evidentiary hearing to determine the amount and method for the payment of restitution.

Affirmed in part; reversed in part and remanded.

CAMPBELL and HALL, JJ., concur.

Case Details

Case Name: McDonald v. State

Court Name: District Court of Appeal of Florida

Date Published: Nov 8, 1985

Citations: 478 So. 2d 113; 10 Fla. L. Weekly 2506; 85-141

Docket Number: 85-141

Court Abbreviation: Fla. Dist. Ct. App.