State v. Hodge

OPINION OF THE COURT

McNEAL, R., Circuit Judge.

Seven days after appellee, William Kevin Hodge, pled nolo contendere to the charge of Disorderly Conduct and was sentenced by the trial court, the state moved to modify the sentence to include restitution, pursuant to Fla.R.Crim.P. 3.800, citing § 775.089 and § 948.03, Fla. Stat. The trial court denied the state’s motion because the state failed to request restitution at the time of sentencing and because the *22state failed to request restitution in a professional manner. The state appealed from this order.

The state contends that section…