McInnis v. State, 624 So. 2d 856

PER CURIAM.

In a previous appeal of appellant‘s conviction and sentence, this court affirmed the conviction and sentence with the exception that the trial court was directed on remand to either strike the provision for restitution or grant an evidentiary hearing to determine appellant‘s ability to pay. McInnis v. State, 605 So.2d 153 (Fla. 4th DCA), rev. denied, 613 So.2d 6 (Fla. 1992). On remand, the trial court found the value of his property to be $23,000; that appellant had no present ability to pay; and entered a civil judgment for restitution in favor of the victim “in case the appellant should win the lottery.”

We reverse the new order of restitution which leaves the conviction and sentences as originally imposed without any provision for restitution since there is no support for same.

REVERSED AND REMANDED.

GUNTHER and PARIENTE, JJ., and DOWNEY, JAMES C., Senior Judge, concur.

Case Details

Case Name: McInnis v. State

Court Name: District Court of Appeal of Florida

Date Published: Oct 6, 1993

Citations: 624 So. 2d 856; 1993 WL 390423; 93-0068

Docket Number: 93-0068

Court Abbreviation: Fla. Dist. Ct. App.