Casler v. State

LEHAN, Judge.

Defendant appeals from the imposition of restitution as a condition of probation. We reverse.

Defendant contends that imposition of restitution as a condition of probation was erroneous because he had been given no notice that the state would seek to impose restitution. The state, citing Gilmore v. State, 479 So.2d 791 (Fla. 2d DCA 1985), argues that the 1984 amendment to section 775.089, Florida Statutes, provides for restitution and that defendant was thereby on notice that restitution would be considered as a part of his sentencing. We disagree with the state. Defendant’s crime…