Bain v. State

The only issue on this appeal from a manslaughter conviction claims error in the amount the defendant was ordered to pay in restitution for the victim’s funeral expenses. Although he claims that the trial judge erroneously failed to consider his alleged lack of financial resources as required under section 775.089(6), Fla.Stat. (1993),1 the record shows that the issue was not appropriately asserted below because Bain neither properly objected to the ruling nor provided actual evidence of his inability to pay. See Anderson v. State, 649 So.2d 890 (Fla. 2d DCA 1995); Moore v. State, 623 So.2d…