Medina v. State

Dec 31, 1991

91-611

PER CURIAM.

Because the defendant Pedro Medina clearly established by a preponderance of the evidence that he has no present financial resources and no potential future financial resources to pay the $37,485.00 in restitution ordered by the trial court as a condition of probation, the said restitution is stricken as a condition of probation and the cause is remanded to the trial court with directions to impose a reasonable amount of restitution which is within the defendant‘s present or potential future ability to pay. § 775.089(6), (7), Fla. Stat. (1989); see Williams v. State, 578 So.2d 846, 847 (Fla. 4th DCA 1991); Green v. State, 571 So.2d 571 (Fla. 3d DCA 1990); Peters v. State, 555 So.2d 450 (Fla. 4th DCA 1990); Oropesa v. State, 555 So.2d 389 (Fla. 3d DCA 1989), rev. denied, 562 So.2d 346 (Fla. 1990); Spivey v. State, 501 So.2d 698 (Fla. 2d DCA 1987), approved, 531 So.2d 965 (Fla. 1988); cf. Goble v. State, 568 So.2d 91 (Fla. 1st DCA 1990) ($1,071.12 in restitution upheld as to a financially marginal defendant).

Reversed and remanded.