Pilon v. State

The issue presented is whether an evi-dentiary error in a restitution hearing may be preserved for appeal by raising it for the first time in a motion to correct a sentencing error filed pursuant to Florida Rule of Criminal Procedure 3.800(b). We hold that it may not and that a contemporaneous objection is required.

Pilón was convicted of first degree arson and cruelty to animals and ordered to pay $15,000 in restitution. There was no separate restitution hearing in this case, and Pilón did not object when the trial court ordered him to pay restitution based on testimony given during trial. In…